What is the impact of domestic violence on a divorce in Carlsbad, Oceanside, Encinitas or North County San Diego? Domestic violence can impact many aspects of a divorce in San Diego from child custody and parenting time to spousal support, the division of community property and even the ability to cost-effectively negotiate the terms of your divorce. Domestic violence allegations…
Domestic Violence
How Violating a Restraining Order Could Affect the Outcome of a Divorce
Violating a restraining order could definitely affect the outcome of a divorce case here in Carlsbad. What happens when one of the parties in a divorce seeks an Emergency Protective Order (EPO) resulting in a restraining order for the other party? A temporary restraining order is often issued based simply upon the request of a person, and it will be…
Domestic Violence in a Carlsbad Divorce Case
What are the potential impacts of domestic violence in a Carlsbad divorce case? If you are the victim of domestic violence the experienced Certified Family Law Specialists at Burke & Domercq work quickly to protect you and your children and seek temporary or permanent protective orders. Domestic violence can impact everything from spousal support to presence of the abusive spouse…
How Does Domestic Violence Affect a Divorce in Carlsbad?
Domestic violence is a serious issue in many homes in Carlsbad. How does domestic violence affect a divorce including child custody in Carlsbad? Domestic violence requires serious attention and legal action to protect spouses and children while reducing or eliminating the potential for future violence to occur. Here in Carlsbad an Emergency Protective Order or EPO may be quickly issued,…
Abuse of Restraining Orders in Carlsbad Divorce Cases
There are a lot of myths and misunderstandings when it comes to the abuse of restraining orders in order to gain the upper hand in a North County San Diego divorce case. When genuine domestic violence, criminal activity or addictive behaviors exist restraining orders are a sound and important legal tool. However, the abuse of restraining orders in Carlsbad has…
What Impact does Domestic Violence Have upon a Carlsbad Divorce?
What impact does domestic violence have upon a Carlsbad divorce? In most cases domestic violence or a protective order will have a substantial impact upon many aspects of your divorce. When domestic violence has occurred there is almost always a restraining order issued that prohibits the parties from being in close proximity or contact. This combined with concerns for a…
What is Considered to be Domestic Violence in Carlsbad?
What is considered to be domestic violence in Carlsbad 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 together…
What Impact will Domestic Violence Have Upon My Divorce?
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…
Even a Temporary Restraining Order Can Permanently Affect Child Custody
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…
What are the Basics You Need to Know about a Carlsbad Divorce?
Are you considering a divorce in Carlsbad, Encinitas, Rancho Santa Fe, Oceanside, Vista or Escondido? What are the basics you need to know about a Carlsbad divorce? What actions should you consider and what are some of the things to avoid? Each divorce is unique to the circumstances surrounding the parties. If you are served divorce papers it is important…