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Restraining Orders

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What To Know About Restraining Orders

A domestic violence restraining order is described as a court order which assists to protect individuals from threats of abuse or any abuse from a person who is a close relation. You can request a domestic violence restraining order in case a person has threatened to abuse or even abused you. Remember the law states that you and that person must share a close relationship. This is applicable if you are a registered domestic partner or married or divorced or separated. It is also valid if you used to date the person or dating that individual even now. You two…

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How To Obtain A Restraining Order Against A Former Spouse

There can be varyings degree of conflicts in every family. However, when there is an element of violence or the threat of abuse against your kids or you should take the matter seriously and try getting a restraining order from the court. Irrespective of what the situation may be, a spouse should never resort to violence to exercise control over someone else or certain circumstances. However, if such a scenario does take place, the said restraining order may offer additional layer of protection so that the fender can be deterred from trying to get in touch with the victim Ways…

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Child Custody For Parents With History Of Substance Abuse

One of the important grounds on which parents can lose custody battles is having a history of substance abuse. Parents who struggle with substance abuse often have a strained relationship with their children and it plays a major part in family court proceedings.  If a court finds a parent guilty of alcohol or drug abuse, it can affect custody.  In serious cases, Child  Protective Services (CPS) can also intervene and remove the children from the addict parent. In some cases, the parents are arrested and charged with child neglect. Effect on custody During a divorce proceeding, the California courts will…

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Divorcing A Physically Abusive Spouse

Obtaining a divorce from a physically abusive spouse can be an extremely difficult affair for those on the receiving end. You need courage, sacrifice, and strong legal representation. It also needs a willing mind to navigate through challenging circumstances for a better life both for the spouse and children. It is extremely difficult to divorce an abusive husband in marriages that have lasted a long time. This is because the husband generally in these kinds of cases control the household finances. Not a simple process A few people will advise you to simply walk away from a life of hell….

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Understanding Supervised Visitation

The State of California stipulates that all child custody related arrangements with reference to parental divorce cases would incorporate the best interest of the child. As per the specific situation, the court of law will decide a settlement which would imply that either both or one of the parents will be granted the shared or single custody of the child respectively. In addition to the child custody, the judge may decide the visitation arrangements for the child which would order the child to have contact with one parent only in the presence of neutral third party. The aforementioned arrangement is…

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Child Custody in Domestic Violence Cases

The definition of domestic abuse is not limited to physical harm; it consists of sexual assault, harassment, threats, stalking, and physical injury. Violence can continue and, in many cases, increase upon separation. Domestic violence allegations play a significant role in child custody hearings. The “moral presumption” in such cases does not allow the abuser to become the primary guardian of the child/children. However, the legal presumption is open to examining the case put forth by both parents. The top priority of California’s legislature in custody cases is the health, safety, and welfare of the children. When deciding custody the court…

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Divorce When There Is Domestic Violence Involved

Domestic abuse is one of the most common reasons for a divorce. It involves mistreatment of one partner by the other, generally bordering towards violence. Physically harming a person (sexual assault, hitting etc.) or mental and emotional harassment (causing fear with threats of abuse, isolating partner from other people, stalking etc.) are all forms of domestic abuse. Even though one usually hears of women getting exploited in a relationship in such a manner, it isn’t necessarily true in all cases. Men can be victims of domestic abuse as well, and bringing their cases to light is a lot more difficult,…

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Seeking Temporary Restraining Orders During Divorce

Not all divorces are an amicable parting of ways. In fact, in cases where domestic abuse either physical or emotional is involved, things can be far from pretty. Sometimes, if one spouse – usually the woman – feels that her life is endangered by continuing to live in the same home as her estranged spouse or even interact with him on any level, she may file a TRO or temporary restraining order. Here’s what you need to know about temporary restraining orders during divorce. What does a temporary restraining order achieve? For a victim of domestic abuse, the temporary restraining…

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Getting Temporary Family Law Orders In Orange County

Divorce is an act of legal separation that happens when couples are unable to live happily with each other. There are many reasons for an Orange County divorce to take place. The reasons can range from a lack of compatibility to unfaithfulness etc. Irrespective of the reasoning though, when couples decide to call it quits in their relationship, they seek help from the Orange County family law court. Divorce cases in family law courts can be emotionally charged with each of the couple wanting to get the best decision in their favor. There are many tools in the California family…

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Domestic Violence And Its Effect On Child Custody

Domestic violence has been an unfortunate reality that is still common in Orange County and other places in the United States.  Domestic violence is one of the leading reasons for Orange County divorce and paternity cases. Does domestic violence being proven mean that the custody will remain the same? Will it result in the restrained parent staying away from the other parent only? Most importantly, will the custody be altered? The answer to all these questions is most usually “no.” There are substantial implications of domestic violence on child custody. In California courts, if it is found that the parent…

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