Domestic violence and allegations of domestic abuse are some of the most emotionally painful circumstances a person can face. At the Law Offices of Stephanie L. Mahdavi, we are committed to providing the legal guidance and representation you need to face these circumstances and protect yourself and your children, whether you are in need of a protective order or are dealing with false allegations.
Find out more about protecting yourself and your family by contacting our Westlake Village domestic violence attorney, who is committed to protecting your rights and welfare. You may also call us directly at 805-379-4550.
If you are seeking a restraining order, you must show that there is a real and tangible threat of mental or physical abuse. The court will generally want to understand what occurred to make you feel threatened or see a pattern of abuse and harassment taking place.
A temporary restraining order is often granted to provide immediate protection for you and the children if the court finds that they are at risk. Twenty-one days after this order is granted, a hearing will be held, allowing you to prove that a permanent restraining order is warranted. During this hearing, the person seeking the restraining order is required to produce evidence that they or the children are threatened and in imminent danger.
A skilled Westlake Village domestic violence attorney can walk you through the process of how to effectively get the protection you need.
Domestic violence covers a wide range of types of crimes that can be committed in California. In fact, there is no specific “domestic violence” charge in this state. Rather, domestic violence is related to numerous other crimes, including:
Domestic violence in these situations will be defined as abuse by one partner against another in a marriage or some other type of intimate relationship. According to data available from the California Partnership to End Domestic Violence, we can see that:
Domestic violence can have a significant impact on divorce cases. Typically, divorces in California are no-fault, meaning that there does not need to be any reason for a divorce to be requested or finalized. However, when a spouse has been convicted of domestic violence against the other spouse, there is a presumption that the convicted spouse should not receive spousal maintenance (alimony). Additionally, convictions of domestic violence could be considered during the process of property division, particularly if the court believes that domestic violence was a factor in the dissolution of marriage.
When someone is filing for divorce and claims they have been the victim of domestic violence, this could become complicated if there is no criminal case documentation to back up the allegations. Unfortunately, the family court system is not necessarily designed to deal with claims of domestic violence. When a victim of domestic violence voices their concerns in family court, whether in an attempt to gain a restraining order or to influence custody or visitation decisions, this could leave them open to “counterattacks” from the other party.
In short, a criminal case is not mandatory in order for a victim to bring up claims of domestic violence in family court. However, criminal case documentation will certainly help. A criminal case and domestic violence conviction gives the state of California significant power against the person accused or convicted, while the family court is the arena where two private individuals work out their personal differences, not criminal matters.
As an experienced Westlake Village domestic violence attorney, Stephanie L. Mahdavi can do much more than just represent abuse victims. She also represents those who are falsely accused of domestic violence. If your partner or spouse is seeking a restraining order against you without cause, there are actions you can take to protect yourself and your relationship with your children. All too often, a spouse will seek a protective order against the other parent after a divorce to get the upper hand in family law proceedings. Our lawyers will help you understand your legal options and the ways you can protect yourself.
It is important that you carefully document all events and interactions with your spouse, including emails, correspondence, and other evidence. Showing this chain of evidence and events can help to substantiate your claim that you are being wrongfully accused.
Most domestic violence and restraining order cases are a matter of one person’s word against the other’s. Because of this, the court often leans toward the individual with greater credibility. It is important that you demonstrate your credibility in court by testifying truthfully and providing available evidence.
Our Ventura County team provides initial consultations to discuss your circumstances and the legal representation that we offer to protect you. To speak with a lawyer, please call our Westlake Village law offices today at 805-379-4550 or send us an email.
