Considered to be Domestic Violence

What is Considered to be Domestic Violence in North County?

Pierre Domercq Domestic Violence

What is considered to be domestic violence in North County and what impact can domestic violence have upon a divorce in Carlsbad, Oceanside, Encinitas or Vista? Legally, domestic violence is considered to include intentional or reckless physical, verbal, emotional or psychological abuse as well as threats of abuse when both parties have been involved in an “intimate” relationship.  This includes living …

What Impact will Domestic Violence Have Upon My Divorce

What Impact will Domestic Violence Have Upon My Divorce?

Pierre Domercq Domestic Violence

What impact will domestic violence have upon my divorce in Carlsbad, Encinitas, Oceanside, Vista or anywhere in North County San Diego?  What actually constitutes domestic violence?  How will it affect the orders issued by the Court in our case? It is important to understand each case is unique, and the specific circumstances in your case will determine the ultimate impact …

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 …