Are You Experiencing Domestic Violence?
Although California is a “no-fault” divorce state, domestic violence is an exception to that rule. Credible findings of domestic violence can significantly impact the results of your divorce.
Under Family Code Section 6203, et seq., abuse that constitutes domestic violence is broadly defined. Importantly, contrary to common belief, nonviolent conduct may constitute abuse within the meaning of the Domestic Violence Protection Act (“DVPA”).
Findings of domestic violence have included, but are not limited to, the following:
- Accessing, reading, and publicly disclosing confidential emails
- Bodily injury or placing one in reasonable apprehension of imminent serious bodily injury
- Destruction of property
- Disturbing the peace
- Repeated unwanted phone calls or text messages
- Sexual assault
- Showing up at home or place of employment uninvited or unexpectedly
If you’re considering taking your domestic violence matter to court, keep in mind that courts in California have broad discretion in determining whether to grant a petition for a restraining order under the DVPA. Often, domestic violence hearings turn on credibility findings and the presentation of legally admissible evidence.
If you are the victim of domestic violence, a Certified Family Law Specialist can help effectively present your case to the judge and inform you of your rights and legal options. To understand the full complexity of the facts of your case, your rights, and your options, consult with Michael P. McDeavitt, a Certified Family Law Specialist and attorney with over 20 years of experience.
Contact our firm by phone or through our website for a free initial consultation. From our office in Pleasanton, we represent clients in the surrounding areas including Dublin, Livermore, San Ramon, the Tri-Valley and throughout East Bay.