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
How is Child Custody Decided in Carlsbad Divorce Cases
How is child custody decided in Carlsbad divorce cases? How do Carlsbad family law Courts approach the issues of child custody and parenting time? While we cannot speak for the courts, we can provide insight based upon decades of appearances before those courts in thousands of child custody cases. Many of these issues are determined by the divorcing spouses themselves…
Domestic Violence Includes Mental as well as Physical Abuse
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…
When Do You Need a Carlsbad Child Custody Attorney?
When do you need a Carlsbad child custody attorney? What determines child custody in a divorce case, and how can a parent pursue changes in North County San Diego child custody orders? Our local Courts are always focused on what is in the best interest of the child. Generally speaking, local Judges and Magistrates believe it is in the best…
How Does Domestic Violence Affect Spousal Support?
How does domestic violence affect spousal support in a Carlsbad 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 couple…
Domestic violence still a problem in California and elsewhere
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…
Take the ‘Violence’ out of Domestic Violence Claims by Watching What you Say
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…
Domestic Violence Accusations Around the Holidays
Domestic violence accusations around the holidays may carry a lot more consequences than they appear on the surface. In some cases when one of the spouses is planning to file for divorce after the holidays, a false accusation may be levied against the other spouse for domestic violence or child abuse. We wish to make one point vividly clear: Burke…
Domestic violence programs should include immigrant outreach
Domestic violence is a serious and pervasive problem in California. Unfortunately, some immigrants who are victims may be fearful of reporting their abuse because of potential immigration problems. Others may not understand the legal system in the U.S. and may be isolated from their support systems. Domestic abusers often take advantage of these fears in order to perpetuate their acts…
Domestic violence victims dropping cases due to ICE raids
California residents may be interested to learn that four women who accused their spouses of domestic abuse have dropped their cases as they fear they could be detained by U.S. Immigration and Customs Enforcement if they show up to court. According to reports, ICE agents have been using this tactic to apprehend undocumented immigrants. One case that was highlighted was…