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# San Bernardino Domestic Violence Lawyer
## Serving Riverside, Redlands, and Surrounding Areasdomestic violence in San Bernardino
Domestic violence is a serious issue. While lawmakers and law enforcement
agents have tried their best to stop it, this crime continues to disrupt
and damage the lives of families and children. If you are a victim of
domestic violence, it is critical to seek help. Our team at the Law Office
of Michael R. Young is here for you. We urge you to consult with an experienced
and knowledgeable San Bernardino attorney from our office who can protect
your rights and help keep you safe.
### What Is Considered Domestic Violence?
Domestic abuse is one of the most contentious, under-reported crimes. Unfortunately,
many people don’t realize they have been the victims of domestic
violence because they were not hurt physically. As a result, many fail
to seek the safety and support they need. There is a good deal of misinformation
and misunderstanding as to what California law actually says about domestic violence.
**Domestic violence can be categorized as both physical and non-physical
harm or threats of harm. Domestic violence includes hitting, kicking,
scaring, throwing objects, pulling hair, pushing, following or stalking,
harassment, sexual assault, or even threatening any of the above actions.** Any action or threat to perform an action that would place another person
in hear of being hurt is domestic violence.
**California law defines domestic violence as any of the following actions
against family members, roommates, spouses, couples, or others in close
relationships:**
* Physical injury
* Attempts to cause physical injury
* Giving someone reason to fear physical injury
* Sexual assault
* Verbal abuse or threats
* Harassment of any kind
These behaviors serve as grounds for a domestic protective order.
### How Can Domestic Violence Affect Spousal Support?
Victims of domestic violence are not required to finance their own abuse
under California law. The law states that during divorce proceedings where
there is a criminal conviction for any act of domestic violence committed
by one spouse against the other within five years of the filing for divorce,
there is a rebuttable presumption that the abusive spouse should bear
the burden of providing temporary or permanent
.
For example, a California case from 2006 involved a spouse who was required
to forfeit her spousal support payments she was receiving of over $5,000
per month because she had committed and was criminally convicted of domestic
violence against her former husband. In that case, the ex-wife was receiving
the payments following their divorce and the ex-husband had moved to Florida
with his new significant other. The ex-wife flew to Florida and committed
several acts of vandalism and harassment, including killing his pet fish
and spraying herbicide on the ex-husband’s girlfriend’s face.
As a result of this behavior and further violations of protective orders,
the California courts determined that the ex-wife’s behavior warranted
a permanent termination of receiving the benefits of spousal support.
This case is important, because it highlights that domestic violence may
come from the spouse or former spouse who prevails in a divorce action.
If you are in the process of obtaining a dissolution of marriage, or your
divorce has been finalized, and spousal support has been awarded, acts
of domestic violence can have serious consequences on that spousal support.
It is important to note that this law is not applicable only to persons
receiving payments. Spousal support may be temporarily or permanently
increased to pay for the additional costs resulting from domestic violence,
such as, counseling, medical bills, and lost wages.
** our San Bernardino domestic violence attorneys at** 909.315.4588
**for a case evaluation!**
### How Can Domestic Violence Affect Child Custody?
 may be awarded as joint, shared, or sole custody and be defined as legal
or physical. Legal custody preserves a parent’s right to make major
life decisions for a child, whereas physical custody determines where
the child primarily resides and which parent will provide basic care for
the child. The court makes all child custody determinations in the best
interest of the child, not the parents.
The California Legislature works to fight for the best interests of children
in custody cases. This includes protecting children from exposure to abuse
or violence in the home.
“The best interests of a child” require judges to determine
what environment will best promote health, welfare, and safety. Your custody
case will be considered a domestic violence case if a parent committed
domestic violence against the children or other parent within the last
five years. If a prior conviction / court determination is not present
in your case, the judge will examine all of the evidence to determine
if the case is a domestic violence case. The judge cannot reach a decision
based solely off of the conclusions or recommendations of Family Court
Services staff or a child custody evaluator; he or she must also look
at prior patterns of abuse. Any such evidence creates a “rebuttable
presumption;” meaning the parent will be denied custody unless he
/ she is able to prove the presumption is wrong.
### How Does Domestic Violence Affect Visitation Rights?
When dealing with the rights of minor children, judges are required to
examine a case, looking at the facts and making determinations that are
in the best interest of the children. If a parent is abusive and has
, the court may take any necessary steps to ensure that the children are
protected. The judge may do this by ordering supervised visitation or
prohibiting any overnight visits.
### What Community Resources Are Available for Victims?
California has dedicated a large amount of resources and funding to the
development of organizations and programs designed to help victims of
domestic violence.
The California Partnership to End Domestic Violence is a database with
an alphabetical listing of domestic violence hotlines and nonprofit organizations.
There are also a great number of nonprofit groups that operate throughout
the state, providing help, shelter and counseling to victims of domestic
violence. In Victorville, Better Way is a great community resource for
domestic violence victims in Riverside and San Bernardino counties. Additionally,
there is a 24-hour helpline called the National Domestic Violence Hotline
at (800) 799-7233. This service is available every day of the year.
### What Is a Domestic Violence Restraining Order (DVRO)?
A DVRO is a court order, signed by a civil court judge, instructing an
abuser to stop all abuse or face serious legal repercussions. The order
gives the victim certain legal protections from domestic violence.
**There are three types of domestic violence restraining orders:**
* Emergency Protective Orders
* Temporary (ex parte) Restraining Orders
* Restraining Order After Hearing
**A DVRO has the power of a comprehensive effect and can help in the following ways:**
* Order an abuser to cease any abuse and contact and to stay a certain distance
  away from the victim
* Provide the victim with custody of animals in the home
* Order an abuser to cease living in the same home of the victim(s)
* Prohibit an abuser from of possessing or purchasing any firearms / ammunition
* Order an abuser to provide
   / spousal support
* Provide temporary possession of personal or real property that are jointly owned
* Order an abuser to pay any financial obligations associated with jointly
  shared property
* Require an abuser to pay an outstanding expenses, such as, lost wages,
  medical or dental bills, shelter and lodging costs, counseling, and /
  or legal fees that are a result of the abuse
* Require an abuser to attend a batterer’s treatment program, substance
  and alcohol abuse program, or any other counseling service depending on
  the circumstances
While
 can impose a wide net of prohibitions and restraints, there are a few
limitations. A restraining order cannot dissolve a marriage; the
 is separate and lengthy. In addition, restraining order cannot establish
the paternity of minor children, unless the restrained person and victim
agree to paternity and agree to allow the court to enter a judgment regarding
paternity.
## Helpful Tips for Dealing with Domestic Violence During a Divorce
During divorce, the probability of domestic violence is higher. Emotions
run high and the couple may feel they are at “war” with each
other. This is especially true in a contested divorce where the parties
are not in agreement and must battle the issue in court. If you or any
member of your family is a victim of domestic violence, be sure to contact
a San Bernardino lawyer from our firm right away.
**Below are five helpful tips that you should follow if you or someone your
love find themselves in this situation:**
* **Don’t hesitate to call the police** and don’t wait till things turn physical. Even threats of physical
  harm that instill fear can be categorized as domestic violence.
* **Have your abusive spouse psychologically evaluated.** They could have serious mental health problems that could be eliciting
  the violent behavior. With a psychological evaluation you may also be
  able to find where their abusive tendencies stem from. For example, your
  spouse could have been abused or neglected as a child.
* **Seek to schedule a child custody evaluation** so that the court can ensure that the children are safe and are not in
  imminent danger with the current child custody arrangement. In cases where
  the children are not the direct victims, they are still indirect victims
  and should not be living in a violent atmosphere.
* **Rather than family counseling, first complete separate counseling sessions.** In joint counseling it is easy for the abuser to blame the victims and
  shift the blame, so it is important to hear both sides separately without
  the influence of the other.
* **Never be afraid to speak up!** If you or your children have to endure abuse, never hesitate to seek out
  help from a third party. It is dangerous to let domestic abuse go unreported.
  Just remember your life and the lives of your children are at risk.
## Protecting Yourself, Your Children & Your Future
If you believe you are the victim of domestic violence, it is extremely
important to consult with an experienced San Bernardino domestic violence
lawyer—no matter where you are at in the divorce process, or even
if you have not initiated divorce proceedings. Our lawyers at the Law
Office of Michael R. Young has training, compassion, and a proven track
record in protecting the rights and welfare of victims of domestic violence
and their families. It is important to ensure that an abusive spouse or
parent is held accountable for their actions and that they receive the
help they need to overcome their dangerous behavior.
## Contact a San Bernardino Domestic Violence Lawyer for Help & Advice
Get in touch with the Law Office of Michael R. Young today. We can offer
you a consultation and case evaluation, and we can also work with you
to obtain restraining orders, provide counseling and other resources,
and help ensure that you continue through life in a safe environment.
** at** 909.315.4588
**to schedule a consultation with a domestic violence attorney in San Bernardino!**
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