Sadly, domestic violence is present in many marriages and intimate/family relationships. Domestic violence is a huge societal problem which contributes to many societal ills far beyond the family law court. Our local courts have judges and commissioners dedicated to providing victims with protection in the form of restraining orders lasting anywhere from one to five years.
The effects of domestic violence on victims and their children can be long-lasting, sometimes with injuries that can be compensated. I have spoken to many domestic violence victims who have been broken by years of abuse. It affects victim’s outlooks and the way they interact with their abuser. The state of California recognizes the terrible and long-lasting effects that living in a home with domestic violence can have on children, and gives judges the power to make custody orders that protect children from domestic violence abusers.
Part of the process of domestic violence litigation is giving victims the support they need to stand up to their abusers in court. All I ask victims for is courage, and to put into precise descriptive language the abuse that was present in the relationship. With courage, precise descriptions of the abuse, and evidence of the abuse, the victim will be ready to ask the court to grant a restraining order from their abuser, possibly with added protections for a minor child or children.
Also, in more times than I could count, I have seen an abuser misuse the domestic violence process and seek a restraining order against the true victim of the abuse. In this instance, a defense to the restraining order must be presented to the court so that the court does not erroneously grant a restraining order based on false or misleading information.
“Part of the process of domestic violence litigation is giving victims the support they need to stand up to their abusers in court.”