Domestic Violence Lawyers in Oxnard, California
At the Land Legal Group, our Oxnard family law attorneys know domestic violence takes a significant toll on families throughout California. In some cases, domestic violence is the driving factor behind the divorce. When it is, it impacts multiple factors in the legal process — especially when the couple who is divorcing shares children.
Our Ventura County family law attorneys also know there are times when false allegations of domestic violence can impact divorce proceedings, and place one parent’s ability to gain custody of their children in jeopardy.
Our skilled domestic violence attorneys in Oxnard want to help you understand your legal rights and options to pursue the best outcome for your family law needs, no matter which side of the courtroom you are on.
How is Domestic Violence Defined in California?
Domestic violence is defined in California as injurious behavior between parties that share an intimate relationship.
An intimate relationship involves people who:
- Are or have been dating or engaged.
- Live together or formerly lived together.
- Are current and former spouses.
- Are related by blood or marriage.
- Have children together.
Domestic violence includes behavior involving:
- Harassment, unwanted telephone calls, stalking, threats, and physical assault.
- Making others reasonably afraid that they or someone else is in danger of immediate bodily injury.
- Intentionally or recklessly causing or trying to cause bodily injury.
- Sexual assault.
Domestic violence comes in many forms, and may also include:
- Financial abuse.
- Social abuse.
- Spiritual abuse.
- Verbal abuse.
If domestic violence is a factor in your divorce, our skilled Oxnard family law attorneys can help you understand the overall impact the behavior will have on the proceedings, so you can get the help you need to keep you and your family safe while we navigate the legal process together.
How Does Domestic Violence Impact Child Custody in California?
In California, child custody falls into two categories: Legal and Physical Custody.
Legal custody includes each parent’s right to make major life decisions about their children, including determinations involving education, healthcare, and religion. Physical custody includes how much time the children will spend with each parent, including where they will live, who gets visitation, and a collective parenting plan.
The California legislature’s public policy on child custody is to ensure the health, safety, and welfare of the children. This means any allegations of domestic violence or abuse will be strongly evaluated during the divorce proceedings, so the children at not placed in harm’s way.
The California Family Courts will consider any history of abuse by one parent against:
- The other parent.
- Someone with whom they were in an intimate relationship, which may include
- a spouse, engaged parties, those in a dating relationship, or roommate of the individual seeking custody of the children.
- Any child within these relationships, including their own.
The judge will review any information they deem important during child custody cases to ensure the health and welfare of the children are placed first when determining where they will live. Our Oxnard family law attorneys can help build your case for success, starting with a free case assessment today.
What Happens if I Am Falsely Accused of Domestic Violence During My California Divorce?
Allegations of domestic violence during a California divorce are taken very seriously. If you have been falsely accused of harming the other parent, or a soon-to-be-ex-spouse, you must take substantial legal steps to counter these allegations, so you have a fair chance of obtaining custody of your children — and the opportunity to defend your integrity and the truth.
Our family law attorneys in Oxnard can help you build your case to ensure the other party is held accountable for their accusations. If he or she cannot provide the necessary evidence to back up their claims — including police reports, child protective service records, medical facility reports, and claims from social welfare agencies — we will do all we can to ensure the judge knows they were trying to ruin more than your reputation, but also your chances of gaining custody of your children.
Contact Our Domestic Violence Attorneys in Oxnard, California for Help Today
If you are considering a divorce in California and domestic violence is a factor in your proceedings, we want to help you build your case to pursue the best outcome for you and your children, when applicable. Conversely, if you have been falsely accused of domestic violence to jeopardize your ability to gain custody of your children during a divorce, we can help you, too.
- Child Custody
- Child Support
- Children’s Law
- Dependency Law
- Father’s Rights
- Grandfather’s Rights
- Prenuptial Agreement
- Spousal Support