Is Domestic Violence On the Rise in California?

Is Domestic Violence On the Rise in California?

As conversations surrounding domestic violence increase, residents need to understand the current state of this serious issue in California. Domestic violence, which encompasses physical, emotional, and psychological abuse, has far-reaching consequences for individuals and communities. CA Certified Family Law Specialist Judy L. Burger explores this topic so you can better understand the challenges we face in combating domestic violence in the Golden State.

Startling Facts On Domestic Violence

The following facts are based on the 2023 California Violence Experiences Survey (CalVEX):

  • More than half of California women experience intimate partner violence in their lifetime.
  • One in 30 women – more than 460,000 in California – experienced physical and/or sexual violence from a partner in just the past year, and those reporting these abuses in the past year faced greater health and social risks.
  • 9% of women and 31.1% of menin California experience intimate partner violence or stalking in their lifetime. 
  • In 2021, California reported over 1,300 human trafficking cases, the most reported cases of human trafficking in the United States.

“Women who experienced intimate partner violence in the past year are more likely to be contending with depression, anxiety, and suicidality, and they are also more likely to have faced recent eviction,” said Jakana Thomas, a professor of political science at the School of Global Policy and Strategy.

A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of the gross domestic product for California. 

Factors Contributing to the Rise

Domestic violence is a complex issue influenced by various social, economic, and psychological factors. Some of the reasons contributing to its rise may include:

  1. Economic Stress: Economic challenges, such as unemployment or financial insecurity, can increase tensions within households, leading to conflicts that may escalate into violence.
  2. Increased Substance Abuse: Stressful situations can lead to increased alcohol or drug use, which may contribute to aggressive behavior and exacerbate existing tensions in relationships.
  3. Social Norms and Attitudes: Societal acceptance of violence as a means of conflict resolution can perpetuate cycles of abuse. Cultural attitudes towards gender roles and power dynamics in relationships can also impact the prevalence of domestic violence.
  4. Lack of Education and Resources: A lack of education about healthy relationships and available resources can keep victims stuck in abusive situations. Many may not know how to seek help or where to turn.
  5. Historical and Ongoing Trauma: Individuals who have experienced violence in their own families or communities may be more likely to either perpetrate or experience domestic violence themselves, perpetuating cycles of abuse.

Domestic Violence and the Law

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

California law specifies that domestic violence encompasses any type of abuse inflicted upon an “intimate partner,” which is broadly defined to include almost a dozen different relationships. This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The Importance of Taking Action

The issue of domestic violence is critical. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. If you or someone you know is experiencing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. Together, we can work towards breaking the cycle of violence and creating a safer future for everyone.

 

When Does a Threat Become Domestic Violence?

When Does a Threat Become Domestic Violence?

“What is a threat?” “Can a threat be considered domestic violence, or is freedom of speech a factor?” “How do I know if I’m being threatened?” These are common questions family law attorneys get asked by clients in troublesome relationships. 

Understanding the threshold at which a threat becomes domestic violence is crucial for recognizing and addressing abusive behavior in relationships. In California, domestic violence encompasses a range of abusive actions, including threats that create a climate of fear and intimidation. It’s important to be informed about when a threat crosses the line into domestic violence and the legal protections available to those affected.

Certified Family Law Specialist Judy L. Burger addresses threats and how they relate to charges of domestic violence in California.  

What Is Domestic Violence?

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

The California Family Code defines domestic violence as abuse perpetrated against an “intimate partner” or family member. This can include spouses, former spouses, cohabitants, individuals in dating relationships, parents, and children. While physical violence often comes to mind first, domestic violence also encompasses emotional and psychological abuse, including threats of harm.

  1. Direct threats: “I’ll kill you…”
  2. Indirect threats: “You’ll be sorry…”
  3. Implied threats: “What if something happened to you…”

In the context of domestic violence, a threat can be considered abusive if it instills fear, apprehension, or intimidation in the victim. Even if the threatened harm does not materialize, the impact on the victim’s emotional well-being is considered.

Legal Domestic Violence Protections

California law offers legal remedies to address domestic violence threats. One important avenue is obtaining a Domestic Violence Restraining Order (DVRO). A DVRO is a court order that provides protection to victims of domestic violence by prohibiting the abuser from contacting or approaching the victim. It can also include other provisions, such as ordering the abuser to move out of the shared residence and to stay away from certain locations, including the victim’s workplace or children’s school.

Our office can also help you when gun violence restraining orders are necessary. Contact one of our eight California offices to learn more.

Get Help with Domestic Violence Crimes In California

When it comes to threats and domestic violence, it’s essential to take any indication of harm or intimidation seriously. If you are in immediate danger, it’s important to contact law enforcement. You should never hesitate to act when you believe you or your child are victims of domestic violence.

When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

Recognizing when a threat crosses the line into domestic violence is a critical step in addressing and preventing abusive behavior within relationships. Certified Family Law Specialist Judy Burger can help you be informed about legal definitions and available remedies so you can proactively protect yourself and your loved ones from the harmful effects of domestic violence threats. If you or someone you know is experiencing domestic violence, get help now.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Family Lawyer or Certified Family Law Specialist?

Family Lawyer or Certified Family Law Specialist?

When family law matters occur, you need a family lawyer, right? But what about complex situations? A Certified Family Law Specialist is just that – a certified specialist who handles complicated and difficult family law cases. When you have a heart problem, you don’t want a general practitioner; you want a heart specialist. Similarly, when your family has serious problems, turn to a CA Certified Family Law Specialist like Judy L. Burger.

What Is a Certified Family Law Specialist?

A Certified Family Law Specialist is an attorney who has been certified by the State Bar of California Board of Legal Specialization as having expertise in the area of family law. This certification is only awarded to attorneys who have demonstrated a high level of experience, proficiency, and commitment to family law through a rigorous process that includes examination and peer review. Certified Family Law Specialists are recognized for their specialized knowledge and proficiency in handling complex family law matters, including divorce, child custody, spousal support, complex property divisions, and other related issues.

A Certified Specialist Has Extensive Experience in Complex Cases

Certified Family Law Specialists are required to maintain their expertise by handling complex family law cases in order to expand their knowledge and experience. To maintain their certification, they must undergo recertification every five years, which involves completing additional continuing education and applying their extensive knowledge to assist California families.

A CFLS will have considerable experience with:

  • Divisive legal separations after a long marriage
  • Difficult divorces where the parties cannot agree on anything
  • Military divorces where both parties are actively serving
  • Complex business valuations where both spouses are owners
  • Sophisticated property divisions involving retirement and other investments
  • Heated mediations over support agreements
  • Emotionally charged situations involving different family backgrounds
  • Intense negotiations involving children and custody
  • Heart-wrenching discussions over grandparents’ rights
  • Litigating difficult child custody and support cases
  • Ex parte “emergency” hearings to stop or prevent abuse
  • Domestic violence assistance for spouses and children
  • Complex paternity issues for fathers
  • Completing and filing voluminous paperwork
  • More…

Experienced and highly knowledgeable in family law, Judy Burger, a Certified Family Law Specialist, brings a wealth of expertise and legal acumen to the table. Her extensive education, years of practical experience, and specialized certification make her an ideal choice for obtaining the results you seek in your family law matters.

A Family Law Generalist May Not Be Enough

Difficult family law matters are often mentally and emotionally challenging. The possible complexities and problems are legion and no two cases are alike. A general family law attorney may know the law, but highly charged issues with layers of complexity can be beyond their level of expertise. Realizing your lawyer is out of his or her depth in the middle of your divorce, child custody battle, or other personal matter is far too late. You could risk:

  • Losing custody
  • Limited visitation rights
  • Surrendering valuable assets
  • Burdensome support agreements
  • Your personal safety
  • Your family’s welfare
  • Your reputation
  • Your future

An experienced CFLS like Judy Burger encounters tough cases on a regular basis, so she has experience and resources a general family law attorney simply doesn’t have. If you anticipate a volatile situation in the making, now is the time to see a specialist for seasoned guidance, advice, and representation.

Don’t risk your safety, your family, or your future. Contact The Law Offices of Judy L. Burger, Certified CA Family Law Specialist, to schedule a consultation today. Our team is prepared to go above and beyond what a mere family lawyer can do for you!

 

Tips for Proving Child Abuse in a Custody Hearing

Tips for Proving Child Abuse in a Custody Hearing

In many custody cases, parents prioritize their child’s well-being above all else. However, in some situations, a child may not be safe with one of their parents, especially if there is a history of domestic abuse or child abuse or if there are concerns about the child being exposed to a potentially dangerous environment.

While it’s crucial for a parent to safeguard their child, it’s important to note that child abuse allegations are treated with the utmost seriousness by the courts and should not be made without careful consideration. Certified California Family Law Specialist Judy L. Burger can help you prove child abuse in your custody hearing to keep your children safe. Here are some things you should know.

Recognizing Child Abuse

The Federal Child Abuse Prevention and Treatment Act (CAPTA) as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

  1. “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation;” or
  2. “An act or failure to act which presents an imminent risk of serious harm.”

California law defines child abuse as:

  • Physical injury inflicted on a child by another person
  • Sexual abuse, or
  • Emotional abuse

Child abuse can take many forms, including causing physical or psychological harm. While physical abuse may leave visible marks like bruises, psychological abuse can be harder to detect. Signs of psychological abuse may include a child becoming withdrawn or losing interest in activities they used to enjoy.

Emotional abuse and neglect may be more harmful in the long term than physical or sexual abuse.

It’s crucial for parents to be aware of these signs, as children who are being abused may be too young or scared to report it themselves. You may need help from medical or mental health professionals to help detect child abuse.

Proving Child Abuse

Proving allegations of child abuse in court or your custody hearing requires hard evidence. Hearsay – repeating what someone else told you – is not admissible evidence. Hard evidence that can withstand legal challenges by the defendant’s attorney is documented proof of actual abuse.

While this sounds simple, it can become complex. Sometimes, you may only be able to document the changes reflected in a child’s behavior that may point to abuse.

Here are some recommended ways to prove child abuse in a California family court:

Official Documentation

Official documents that show physical evidence of abuse reflect possible abusive behaviors or indicate a pattern of change in behavior that can indicate abuse are admissible. These can include:

  • Medical records (exam documentation, photos, mental evaluations, etc.)
  • School reports documenting grade changes or behavior shifts
  • Police reports of any incidents involving the other parent
  • Records showing missed or denied parenting time or parenting plan violations

Witness testimony

Witnesses provide context for your allegations and may offer credible first-hand evidence of abusive behavior. They can provide:

  • Written testimony
  • Video or photographic evidence
  • Out-of-court depositions
  • Live witness testimony
  • Expert custody evaluations (mental health experts, court-appointed parenting coordinators, home study professionals, etc.)

Custody Journals

A custody journal can help illustrate your relationships with the child and the other parent. You can document:

  • Situations in which you don’t believe the other parent acted in the child’s best interests
  • Interactions with the other parent
  • Attempts to comply with existing custody agreements
  • Quality time you spend with the child
  • The child’s emotional state
  • The child’s medical appointments
  • The child’s behavior
  • The child’s own comments

Reporting Child Abuse

If a parent has concerns about their child being abused by the other parent or someone in the other parent’s household, they have the right to ask the court for an order to limit or remove the other parent’s custody rights. If the court finds evidence of abuse, it will issue either a temporary or final order with custody terms that ensure the child’s safety.

Note: You cannot simply decide to ignore existing visitation or other parenting agreements if you suspect abuse or neglect. You could be held in contempt of court.

If you suspect abuse or the potential for abuse or harm, contact The Law Offices of Judy L. Burger. We can help you contact the Child Protective Services Department in your county and arrange for emergency responses. Our office can also petition the court for an ex-parte order to help keep you and your child safe until a court hearing can make more permanent decisions.

 

What Qualifies as Domestic Violence in California?

What Qualifies as Domestic Violence in California?

What acts qualify as Domestic Violence under California Law? Suffering physical, psychological, or emotional abuse is never OK. Get the facts about Domestic Violence and when you should request a domestic violence restraining order to protect you and your family. California Family Law Attorney Judy L. Burger can help you understand when you should petition the court for a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Defining Domestic Violence

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Domestic violence, according to California law, encompasses any type of abuse inflicted upon an “intimate partner.” This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The California Penal Code defines an “intimate partner” in the broadest possible way, so that can include:

  • Your spouse
  • Your former spouse
  • Your domestic partner
  • Your former domestic partner
  • A person with whom you’ve had a child
  • A current live-in romantic partner
  • A former live-in romantic partner
  • Someone you date
  • A person you dated previously

Other persons may also be victims of domestic violence under CA law:

  • Children
  • Your brother/half-brother/step-brother
  • Your sister/half-sister/step-sister
  • Parents
  • Grandparents
  • Your niece
  • Your nephew
  • Your uncle
  • Your aunt
  • Anyone related to you within the second degree by blood or marriage

Judy L. Burger is a Certified Family Law Specialist who can be a strong and aggressive advocate in highly conflicted domestic matters when you need the law on your side. Contact us for immediate help.

Common Acts of Domestic Violence

Charges of domestic violence vary under California law, depending on the severity of the crime and the surrounding circumstances. Many violent acts are specifically defined under the Penal Code. Some of the most common include:

  • Corporal Injury Upon a Spouse or Cohabitant – this counts even for slight injuries.
  • Child Abuse – is defined as inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” upon a child. 
  • Domestic Battery – using force or inflicting harm on an intimate partner.
  • Child Endangerment – willfully allowing a child in your care to be harmed or allowing her or his safety to be endangered, including actions or neglect.
  • Child Neglect – this is willfully neglecting to provide the basic necessities for your minor children.
  • Stalking – harassing or threatening so as to cause fear for your or your family’s safety.
  • Criminal Threats – threatening anyone with serious harm.
  • Aggravated Trespass – entering a home or workplace to carry out a threat within thirty days of making it.
  • Posting Harmful Information on the Internet (“Cyberstalking”) – making harmful information about someone else available by posting or emailing the material.
  • “Revenge Porn” – intentional distribution of sexual images of another person with the intent to cause them emotional distress.

Domestic Violence Penalties In California

In California, most domestic violence offenses are known as “wobbler” offenses, which means they can be charged as either misdemeanors or felonies, depending on the specifics of the case. Factors such as prior criminal record and the extent of the victim’s injuries are considered when determining whether to pursue misdemeanor or felony charges for an act of domestic violence.

Penalties range from probation with certain freedoms to fines, county jail, or state prison time. Domestic violence misdemeanor convictions also impose a ten-year ban on owning or possessing firearms. Persons convicted of felony domestic violence charges fall under the “Felon In Possession of a Firearm” law and are under a lifetime ban from owning firearms.

Some federal domestic violence misdemeanors also impart a lifetime firearm ownership ban.

Get Help with Domestic Violence Crimes In California

You should never hesitate to act when you believe you or your child are victims of domestic violence. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

Domestic Violence and Parenting Plan Modifications

Domestic Violence and Parenting Plan Modifications

Parenting plans are created to meet the unique needs of a divorced or separated family. When domestic violence has been present, your parenting plan needs to provide safety for you and your children. California Certified Family Law Specialist Judy L. Burger helps families when domestic violence makes parenting plan modifications necessary.

What Is a Parenting Plan?

A parenting plan is a comprehensive set of agreements for how separated or divorced parents will care for their children. It includes many factors, including:

  • Custody agreements
  • Visitation schedules
  • Sharing costs for the child’s care
  • Arrangements for holidays and school breaks
  • Exchange arrangements
  • Phone and video contact with the children
  • Communication between parents
  • Authority for making decisions for the child
  • Religious matters
  • More…

No two parenting plans are the same due to differing schedules, needs, locations, and many other factors. The factors above and many more should contain elements that keep you and your child safe when there has been domestic violence.

Creating a Parenting Plan

Often, parents work together to create a workable parenting plan to care for their children. The court will review this plan, determine if it needs legal requirements, serve the child’s best interests, and approve it. However, in cases of domestic violence, this may not be possible or safe. You may need a legal representative to act on your behalf to create or modify an existing parenting plan to help you and your child stay safe.

Your attorney will need to provide credible evidence of domestic violence and prove beyond a reasonable doubt that it is likely to continue. Then, a judge will be far more likely to agree to a parenting plan or modifications to an existing plan that contains elements to prevent future harassment or abuse.

Family Law Attorney Judy Burger is an effective negotiator if you feel threatened or fear mistakes in an agreement could place you or your child in jeopardy. She has a wealth of experience in working out parenting plans and custody agreements in difficult situations. In some cases, the judge will ultimately decide the best agreement. This is particularly true in cases of substance abuse, domestic violence, mental illness, or incarceration.

Domestic Violence and Parenting Plan Modifications

Sadly, domestic violence does not cease after separation or a divorce. In fact, the separation may only antagonize the other party and cause conflict to escalate. Your parenting plan needs to include specific provisions to prevent contact wherever possible. Vague or unclear parenting plans open the door for more abuse or harassment.

A CA Domestic Violence Attorney like Judy Burger has the knowledge and experience to include certain specific elements in a modified parenting plan to prevent contact, communication, and unsafe situations. Some measures she may recommend can include:

  • Keeping your living arrangements private and secure
  • Having a neutral third party exchange the child between parents
  • Exchanging the children in a public place in full view of security cameras or guards
  • Restricting communication between parents and children (prohibiting video calls so the other parent cannot see into your home)
  • Using an app for all communications so there is documentation
  • Keeping travel plans and daily activities private
  • Sole legal custody

The Law Offices of Judy L. Burger knows how to gather evidence to help convince the court that your proposed parenting plan modification is in your and your child’s best interests. She can represent you before the court, handle communications and negotiations, and otherwise help you remain safe during the proceedings. Our office can also help you when domestic violence or gun violence restraining orders are necessary.

Keep Your Family Safe from Domestic Violence

Domestic violence survivors may fear discussing custody and parenting plan modifications with the other parent. Relationships can be difficult, and meeting in person may not be safe. Reaching a safe agreement with the other parent may not be possible, especially without help. Keep yourself and your family safe from domestic violence. Contact The Law Offices of Judy L. Burger in California for experienced help with parenting plan modifications.

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

How Far Is Too Far When Considering a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order provides significant legal protections for you and your children. These legal orders are specifically for people with whom you have had a close relationship, including family, in-laws, current or former dating partners, current or former spouses, and others.

Filing for a domestic violence restraining order against someone is a big step that should be considered carefully. It is often an emotional and traumatic time, and numerous factors and circumstances can cloud your thinking. How do you know when it’s time to obtain legal protection? Or, how far is too far when considering a domestic violence restraining order?

Defining Domestic Violence

The United States Department of Justice defines domestic violence as follows:

“Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Accordingly, you should consider a domestic violence restraining order when you are subjected to behaviors that:

  • Intimidate
  • Manipulate
  • Humiliate
  • Isolate
  • Frighten
  • Terrorize
  • Coerce
  • Threaten
  • Blame
  • Hurt
  • Injure
  • Wound

Such behavior toward you or your children is sufficient grounds for filing to obtain an order of protection. However, keep in mind that the court will need proof that some sort of threatening behavior has affected or is likely to affect you and/or your children.

How Far Is Too Far?

Asking, “How far is too far?” or “How much should I put up with?” before considering a domestic violence restraining order is not necessarily the right question. When you or your child experience abuse or feel threatened, that is the time to act. Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order.

You can also get immediate assistance by calling the National Domestic Violence Hotline at 1-800-799-7233.

How to File for a Domestic Violence Restraining Order

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California. She will help you construct the necessary petition to present to the court. Imagine drawing a blueprint for a court testimony – your petition should contain similar elements, including:

  1. Specific details of the threats or abuse to you or your child. Record all the dates, locations, and other facts you can remember.
  2. Evidence that backs up your petition, like emails, texts, pictures, social media posts, damaged property, or physical marks on your/your child’s body.
  3. Witness or expert statements that back your petition, like doctor’s notes, photos, witness testimonies, and more, in written or digital media.
  4. Ask for what kind of help you need. What do you need the order to accomplish? Stop the abuse, prohibit contact, protect your children, provide support, or other measures.

File the Petition

Turn in your request to the court. A judge may also grant you an ex parte (emergency) hearing and order of protection in certain circumstances.

Serve Notice

The party from whom you seek protection will be served an official notice of the pending court action and any ex parte orders against them.

Appear in Court

You and the other party appear in court to present your cases to a family law judge. He or she will issue orders accordingly.

Get Help from a Certified Family Law Specialist

Attorney Judy Burger can help you more in a confidential consultation. She knows how to take immediate steps to protect you and your privacy and can offer more guidance about what you should do next. Contact The Law Offices of Judy L. Burger at the location nearest you in North, Central, and Southern California to get the help you need to stop the abuse.

 

Emergency Child Custody Issues in California

Emergency Child Custody Issues in California

Petitions for changes in child custody agreements can be filed with the court when circumstances change and new arrangements are needed. These requests are scheduled for the next available hearing on the family court’s calendar. However, an ex parte petition can be filed immediately when you encounter emergency child custody issues in California

Under California law, Family Code 3064 allows the court to temporarily grant an emergency change in custody without waiting on a full hearing under certain circumstances. This is a short-term solution to protect the safety and welfare of the child while more permanent arrangements are examined. Ex parte orders can influence any final custodial orders issued by the court.

When would such actions be necessary? CA Certified Family Law Specialist Judy L. Burger reviews some possible scenarios when emergency child custody issues can be handled through ex parte hearings. She can explain more and review your situation thoroughly in a confidential consultation at one of our offices.

What Justifies An Emergency Child Custody Petition?

California Family Courts typically allow at least a 15-day notice to involved parties before scheduling a hearing about child custody matters. However, when a true emergency threatens a child’s health and safety, the court can issue immediate orders to prevent harmful actions. Ex parte orders, sometimes called “emergency orders,” may be granted in select situations, including:

  • Child abuse
  • Sexual abuse
  • Neglect
  • Domestic violence
  • A parent’s physical or mental health condition
  • A parent’s arrest for drug use, drunk driving, or another serious crime
  • A sex offender in the home

Your request for an emergency child custody order must include definite evidence that such conditions exist and are a direct threat to the child. Heresy or opinions are not sufficient grounds for the court to immediately remove a child from another parent’s custody. Credible witnesses, photos, videos, text messages, or police reports are solid proof that the child is in danger and emergency orders are necessary to protect the child’s interests.

How Do I Request an Emergency Child Custody Action in CA?

​In addition to demonstrating a clear and imminent danger to the child’s welfare, you must provide several other items of information in your ex parte petition. These include the following:

  • Legal request form
  • Identity and contact information for the other parent and/or their attorneys
  • Current child custody, visitation, and support orders
  • Any previous requests or orders on this or similar matters
  • Reasons why the other parent should not be notified

Remember, you must provide sufficient evidence demonstrating the harm that could be suffered without the requested emergency custody orders. This is also a temporary solution. A formal hearing with both parents may be scheduled for a later date and other orders may be issued as a result.

It is critical that you adhere to California law in all matters relating to your child and custody matters. Emotional reactions to protect your child that violate the law or existing custody orders can complicate your case. Making decisions under stress can place you on the wrong side of the law.

Contact a California Certified Family Law Specialist to Help You Protect Your Children

Consult with CA Family Law Attorney Judy L. Burger immediately if you suspect an emergency custody action is necessary. She can act quickly to file an ex parte hearing petition and the necessary paperwork while helping you gather the required evidence to support your request. As a Certified Family Law Specialist in California, she can help you follow the law and protect your child.

Ms. Burger is not intimidated by difficult or high-conflict custody matters. She firmly believes that children must be protected from abusive, inappropriate, or other dangerous behavior and actions by parents or others. The Law Offices of Judy L. Burger will not rest until your child is safe. We will also work with you to completely resolve this matter in the best interests of your child and family.

Contact one of our eight offices in California today to discuss emergency child custody issues with a Certified Family Law Specialist who is on your side.

Domestic Violence Restraining Orders in a California Divorce

Domestic Violence Restraining Orders in a California Divorce

It takes at least six months from the date the divorce petition is filed on your spouse to finalize a California divorce. Sometimes people need help immediately. For instance, a husband or wife suffering at the hands of their spouse may ask the police and the courts for protection. It may help to know more about domestic violence restraining orders and the California divorce.

What Constitutes Domestic Violence?

The actual definition of domestic violence might surprise you. It’s not just about physical violence. In fact, domestic violence includes:

  • Any kind of physical attack, including pulling hair, kicking, hitting, shoving, or throwing objects at another person;
  • Sexual assault;
  • Comments or behavior that cause someone to be reasonably afraid someone may be seriously hurt; and
  • Harassment, stalking, threats, disturbing the peace, or destruction of someone else’s personal property.

If you fear another person, you may need protection sooner rather than later.

How Does a Domestic Violence Restraining Order Work?

If someone you have a close relationship with has abused or threatened to abuse you, a domestic violence restraining order may help. This document is a court order that helps protect people in abusive situations.

You have to meet the following two criteria to ask for a domestic violence restraining order:

Another person has abused you or threatened to abuse you;

AND

You have a close relationship with the alleged abuser.

In addition to your current spouse, the following relationships might be considered close. Someone who you:

  • date or used to date,
  • have divorced or separated from,
  • has lived with you or used to live with you,
  • parents a child with you, or
  • is a close relative, even grandparents or in-laws.

You may also request a domestic violence restraining order if another person is abusing your child.

But what can a domestic violence restraining order do?

The order may tell the abuse to avoid certain behaviors, like:

  • Contacting you and your children,
  • Going to your home, work, and schools,
  • Owning a gun,
  • Approaching your pets.

What may be surprising is that a restraining order can order the abuser to move out of the home, pay child and spousal support, and pay some other bills. The subject of the restraining order may also be told not to change insurance policies, phone plans, or do anything to affect your property. Finally, the restrained person is often told to complete a 52-week batterer intervention program.

Learn More About Domestic Violence Restraining Orders

If you or someone you love are in immediate danger, call 911, a local domestic violence shelter, or the National Domestic Violence Hotline.

Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys. Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Domestic Violence and Your Divorce

Domestic Violence and Your Divorce

Are you the victim of domestic violence? Have you ever – or do you now – have reason to fear your spouse? If so, you are not alone. In fact, there are more than 100,000 domestic violence-related calls to law enforcement every year. In this blog, we will touch on some of the issues where domestic violence and your divorce intersect.

Acts of Domestic Violence

When we think of this, we often think of physical damage one spouse inflicts on another. However, the law defines domestic abuse as:

  • Physically hurting or trying to hurt someone, intentionally or recklessly;
  • Sexual assault;
  • Making someone reasonably afraid that they or someone else are about to be seriously hurt; OR
  • Harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

Domestic violence in a marriage also affects the dissolution of that marriage.

Domestic Violence Affects Child Custody Arrangements

When children are involved, the focus in a California divorce is on doing what is in the best interests of the children.

Judges always take domestic violence into account when deciding child custody arrangements. The safety of the child and other family members is critical. Courts will review evidence that backs up domestic violence accusations.

If allegations of domestic violence arise in a divorce matter, the court will assume that the abusing parent should not have custody. This is called a “rebuttable presumption” because the accused party can present evidence overcoming the assumption they are not qualified to care for the children.

Visitation may also come into play when domestic violence is an issue. Protective orders and restraining orders may be necessary. In some cases, the court may allow only supervised visitation to ensure the children’s safety.

Domestic Violence May Affect Your Spousal Support and Property Division

This issue is a little more of a gray area. The problem is that either party could have committed the acts of domestic violence. Sometimes both parties have crossed that line.

The court examines allegations of domestic violence. Criminal convictions of domestic violence set up a rebuttal presumption situation. Generally, unless proven otherwise, the injured spouse is not required to pay spousal support to the convicted spouse. The convicted spouse has the opportunity to successfully rebut the conviction and change the judge’s mind.

However, allegations and convictions of domestic violence are taken seriously by the courts. They may have a profound effect on your divorce – you may become ineligible to receive support if you have committed violent acts.

In addition, the courts may give up to 100% of the community property interests in retirement and pension benefits to an injured spouse. Here again, the court will consider other factors before making a decision.

Final Thoughts

Domestic violence has a huge impact on a couple’s relationship. It’s only natural that it would also affect their divorce.

To discuss how to handle domestic violence and your divorce, please call us at 415-293-8314. The attorneys at the Law Offices of Judy L. Burger assist clients in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.

If you or your children are in danger, call 911. You may also find local domestic violence organizations here or call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).