Temporary Restraining Order Can Permanently Affect Child Custody

Even a Temporary Restraining Order Can Permanently Affect Child Custody

Pierre Domercq Domestic Violence

It may surprise you to learn that even a temporary restraining order can permanently affect child custody.  This is rooted in a law which was changed in 2014 to mandate that any child custody, parenting time or child support order issued while a Domestic Violence Restraining Order (DVRO) was in place, survive the termination or expiration of the DVRO. Divorces …

Husband or wife Threatens to Get a Restraining Order

What Should You Do if Your Husband or wife Threatens to Get a Restraining Order in Carlsbad

Pierre Domercq Domestic Violence

What should you do if your husband or wife threatens to get a restraining order in Carlsbad?  What if these events are happening at the same time as discussions about or a pending divorce?  Most experienced Carlsbad divorce attorneys should tell you that the outcome of any specific case depends on the facts of that case.  However, in any divorce …

Domestic Violence Includes Mental as well as Physical Abuse

Domestic Violence Includes Mental as well as Physical Abuse

Pierre Domercq Domestic Violence

It is important to know domestic violence includes mental as well as physical abuse in a divorce setting.  A recent case published late last year sheds important light on the important issue of domestic violence as it relates to restraining orders, permanent protective orders and ultimately issues such as child custody in a divorce. The case involved the father of …

Does Domestic Violence Affect Spousal Support

How Does Domestic Violence Affect Spousal Support?

Pierre Domercq Domestic Violence

How does domestic violence affect spousal support in a North County divorce?  Domestic violence can and will have an impact on issues such as child custody and parenting time, child support and spousal support here in North County San Diego divorce cases.  One example involved a case where the husband and wife had been married for over 32 years.  The …

How Long Does Domestic Violence Affect Child Custody

How Long Does Domestic Violence Affect Child Custody?

Pierre Domercq Domestic Violence

How long does domestic violence affect child custody after a divorce?  Once domestic violence has been established by a California Court, the burden of proof is clearly and heavily upon the violent offender to demonstrate that it is in the child’s best interest to modify child custody and parenting time orders. There have been several published cases at the Appellate …

Domestic violence still a problem in California

Domestic violence still a problem in California and elsewhere

Pierre Domercq Domestic Violence

Is domestic violence still a problem in California and elsewhere?  This is obviously not a new issue, nor is it likely to stop being important now and in the foreseeable future. In 1641, the Massachusetts Body of Laws and Liberties declared that no woman should have to endure injuries from her husband unless he was defending himself against an attack …

Domestic Violence and Restraining Orders Affect a Divorce

Domestic Violence and Restraining Orders Affect a Divorce

Pierre Domercq Domestic Violence

Domestic violence and restraining orders affect a divorce in many ways here in North County San Diego.  It is not uncommon for our courts to issue restraining orders in domestic violence situations.  A person can request a domestic violence restraining order if he or she has been threatened with abuse or has in fact been abused by a person with …

Take the 'Violence' out of Domestic Violence Claims

Take the ‘Violence’ out of Domestic Violence Claims by Watching What you Say

Pierre Domercq Domestic Violence

Is it possible to take the ‘violence’ out of domestic violence claims by watching what you say in written and oral communications?  In today’s hectic world and stressed family circumstances individuals going through the break-up of their family often times do and say things they might and probably would never otherwise say. As a child we used to quote a …

Prior Domestic Violence Record May Affect Your Divorce

Prior Domestic Violence Record May Affect Your Divorce

Pierre Domercq Domestic Violence

A prior domestic violence record may affect your divorce and crucial aspects such as child custody and spousal support.  California residents, and those across the country, are all too familiar with stories of relationships gone bad.  Domestic violence cases are constant fodder for the tabloids and news websites. The extreme situation is one where the relationship involves domestic violence perpetrated …