Are You Dealing With Domestic Violence?
Verbal, emotional, financial or physical abuse in a relationship is never acceptable. It can be extremely challenging – and sometimes, dangerous – to leave your spouse when domestic abuse and violence are afoot. While you need to be careful and you need to have a safety plan, you also need to be ready to leave the relationship. Many spouses experiencing some form of domestic abuse repeatedly return to devastating situations. Sometimes, shame prevents a victim of abuse from seeking the legal counsel they desperately need.
When you are ready – or partially ready – call me or send me an email for help, even if you have not gotten police involvement. I am Joshua W. Martin, an attorney who is a certified family law specialist by The State Bar of California, California Board of Legal Specialization. I have experience helping many individuals and families just like you and yours get to safety and start their journey to healing and healthy relationships.
How Will A Protection Order Affect My Divorce?
When a restraining order has been granted by the court, you may incorporate it into your divorce proceeding. Evidence of domestic violence could weigh in on the court’s decision to grant equal division or assets, child custody or spousal support. Solid evidence can include:
- Written statements detailing the abuse
- Sworn testimony in court
- Text or email messages
- Medical records
- Police reports
Proof cannot be just verbal jousting in court.
Are You Fighting The Allegations?
When granted, a restraining order could stay in effect against the defendant – and their record – for up to five years. These orders are posted on a statewide system. The Domestic Violence Restraining Order System allows visibility to law enforcement throughout the state. If the California Department of Justice (DOJ) runs a background check on you, the information about the order will appear. Employers and state professional licensing boards frequently work with a local, state or federal agency utilizing DOJ background checks. Your job application or professional license application could be at risk if you have an active restraining order in place. Seek legal counsel to protect your best interests when contending with a restraining order.
Get Legal Help Right Away
Do not hesitate or let embarrassment prevent you from seeking the legal counsel you need. Send me an email or call The Law Office of Joshua W. Martin in Arroyo Grande at 805-250-0472 for a confidential consultation. I serve clients throughout San Luis Obispo, Santa Barbara and neighboring counties.