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On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Friday, June 23, 2017. A restraining order is a powerful tool against domestic violence. California residents who are being abused by their spouse, partner or a close relative may need to seek a restraining order to protect themselves or their child. A restraining order can keep a person safe from their abuser. It is important, then, to understand what a restraining order can do and what it cannot do. First of all, a restraining order can make it so that the abuser cannot have contact with the victim, or the victim's children, relatives and pets. A restraining order can also make it so that the abuser cannot go to the victim's residence, place of employment or the victim's child's school. In fact, even if the victim and abuser resided together, a restraining order can force the abuser to move out of their shared residence. Moreover, a restraining order can make it so the abuser cannot own a firearm. Per the restraining order, an abuser must abide by any child custody and visitation orders, and also must make child support and spousal support payments if required to do so. In addition, a restraining order can force the abuser to give the victim exclusive rights to a cell phone number. There may be certain bills the abuser must pay and the abuser cannot alter any existing insurance policies. If the abuser and victim are married, the abuser cannot incur significant expenses. Finally, the abuser may have to go through a 52-week intervention program. There are a few things that a restraining order cannot do, however. It is not possible for a person to end his or her marriage through a restraining order. To end a marriage, a person must file for a [...]

On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Sunday, August 6, 2017. Anger is a natural human reaction. Everyone in California will feel angry and a slew of other emotions from time to time. But what about when someone's anger manifests into something physical? Should a person and their family live in fear of that person and their actions? The answer is no. Whatever prompts a person's angry outbursts is unique to them alone, but a family needn't suffer when a person's anger turns violent. Domestic violence happens more than some people think, so getting it under control is key to a safe and happy household. Children shouldn't be exposed to dangerous situations in which, for example, a parent is violent with their spouse or the children themselves. There are many ways to seek help if you or something you know is in a situation in which domestic violence has impacted lives. At Challoner Law, we sympathize with the victims of domestic violence and want to help them move forward with healthy and terror-free lives. Divorce is one way to stop domestic violence from seeping into your own or your children's lives. Domestic violence can be physical or emotional, so it's important to put a person's violent actions on record to ensure that the child custody process goes as it should during a divorce. A parent will no-doubt face challenges in the face of domestic violence. Getting out of that situation can sometimes be the toughest, yet most effective way, to keep yourself or children safe. Only then can a family pick up the pieces and move forward. Hopefully, the person initiating domestic violence behavior can get the help they need to control their emotions and their outbursts.

On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Friday, January 5, 2018. Divorce and separation are relatively common legal matters that Santa Rosa families engage in throughout the year. While a separation helps the partners to a married couple set up separate lives without terminating their legal union, a divorce severs the legal bind that marriage created between the partners. In either case, if the partners share children they will have to create a custody and parenting plan. While many factors can influence how a court assigns child custody and visitation time with parents, one factor may create a bar to a parent's right to custodial responsibilities: domestic violence. If incidents or allegations of domestic violence exist in a child custody case then a court must consider it under special rules and evaluate it as a domestic violence custody case. For example, a parent's conviction on domestic violence charges in the five years before the custodial matter arrives in court can bar the convicted parent from gaining legal or physical custody of their child or children and can make the matter a domestic violence case. A court can convert a case into a domestic violence matter if it suspects domestic violence has been committed against the suspected abuser's spouse or children. An abusive parent may receive visitation time with their kids but may have restrictions placed upon when and where that visitation occurs. An abusive parent may be granted custodial rights if they are able to meet several rehabilitative criteria, including but not limited to completion of a year-long batterer intervention program, compliance with restraining orders and has not committed any subsequent abuse against their family members. Individuals who have questions about child custody in domestic violence cases are encouraged to discuss their concerns with family law attorneys [...]