Domestic Violence Defined Under Federal and State Law

How is Domestic Violence Defined Under Federal and State Law

Pierre Domercq Domestic Violence

How is domestic violence defined under federal and state law?  Families in California might benefit from learning more about how domestic violence issues are governed by state and federal entities. The state laws are designed to prevent violence from occurring within the family or in intimate relationships. Domestic violence in California may be described as a criminal act that happens …

Issues Which Could Influence Child Custody

Issues Which Could Influence Child Custody

Pierre Domercq Child Custody and Visitation

What are some of the issues which could influence child custody in a Carlsbad or North County divorce case?  If both parents are deemed to be fit, joint legal custody would typically be ordered for the oversight of educational, medical and other factors.  A shared parenting time schedule is generally preferred as many studies have shown it is best for …

managing domestic violence restraining orders

Managing Domestic Violence Restraining Orders in Carlsbad

Pierre Domercq Domestic Violence

Managing domestic violence restraining orders in Carlsbad or anywhere in North County can have a significant affect on child custody and other aspects of your divorce. The experienced domestic violence and divorce attorneys at Burke & Domercq have each represented clients in restraining order cases before North County Family Court for decades. How will this impact your life and your …

Well-Being of Your Child Guides Court Decisions About Custody Changes

The Well-Being of Your Child Guides Court Decisions About Custody Changes

Pierre Domercq Child Custody and Visitation

Are you seeking changes to existing temporary or permanent child custody orders?  The well-being of your child guides Court decisions about custody changes in all California cases. Reasons can arise in the lives of parents in California which require them to seek court approval of a new child custody agreement. When evaluating modification requests, a judge will give the most …

Parenting Time and Support Survive the Expiration of a Restraining Order

Child Custody Parenting Time and Support Survive the Expiration of a Restraining Order

Pierre Domercq Domestic Violence

Why are restraining orders so important in a domestic violence case surrounding a divorce action? Why should you attend the hearing and fight against a temporary restraining order becoming permanent?  Did you know child custody parenting time and support survive the expiration of a restraining order? A few years ago California’s legislature enacted new laws under the “Domestic Violence Protection …

Fighting False Accusations of Child Abuse in a Divorce

Fighting False Accusations of Child Abuse in a Divorce or Post Decree Custody Battle

Pierre Domercq Domestic Violence

The Certified Family Law Specialists at Burke & Domercq have represented the citizens of Carlsbad before our local family law courts in Vista and throughout San Diego for literally decades. Too often we have seen false accusations of child abuse or domestic violence during a divorce or post-decree child custody battle. This is a strategy some parties use to gain …

Domestic Violence in a North County Divorce

Domestic Violence in a North County Divorce

Pierre Domercq Domestic Violence

What is the impact of domestic violence in a North County divorce case? Genuine or false allegations of domestic violence can impact several aspects of the divorce including child custody and parenting time as well as spousal support.  If you are found guilty of domestic violence you will in all likelihood be ineligible to receive spousal support. The experienced family …

Domestic Violence Affect a Carlsbad Divorce

How Will Domestic Violence Affect a Carlsbad Divorce?

Pierre Domercq Domestic Violence

In California we are a “no fault” divorce state, meaning one does not have to have grounds for a divorce. All divorces in California are considered to be based upon “irreconcilable differences.” So if there are no grounds required, how will domestic violence affect a Carlsbad divorce? What is the impact of one spouse accusing the other of violent acts? …

Supervised Child Visitation or Parenting Time

When Is Supervised Child Visitation or Parenting Time Necessary?

Pierre Domercq Child Custody and Visitation

When is supervised child visitation or parenting time necessary?  Child custody and parenting time issues can represent the most contentious areas of many Carlsbad and North County divorce cases. California law establishes the need for a child to regularly spend quality time with each parent following a divorce. What happens when it is unsafe or not in a child’s best …