Domestic Violence

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 [...]

On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Friday, October 6, 2017. While every California relationship will have disagreements, arguments should never get to another level. That level is a physical or emotional level that can be incredibly damaging and abusive. No one should have to endure physical or emotional abuse by a loved one or family member. If one or their kids were subjected to domestic abuse, October is the month that brings awareness to that issue. There are many reasons that one may feel the need to endure domestic violence on behalf of their spouse. Sometimes, financially people do not feel ready or prepared to move themselves or their children out of an abusive situation. Other times, there are emotional ties. Whatever the reason, no one should have to put up with that kind of abuse. Anyone suffering under domestic violence should remove themselves and any children from the situation. For criminal records, it is good to put a person's domestic abuse on record by reporting it to authorities. If they have children, and one fears for their safety, this could be beneficial if seeking full custody. If one is worried about caring for their children due to leaving a spouse, employers with 25 or more employees must allow up to 12 weeks of leave for victims of domestic violence to seek medical attention, go to counseling or relocate under California law. This at least gives the family some breathing room and opportunity to rid themselves of a toxic situation. There are resources out there to help one out of a difficult home situation. It is about making the decision to move forward and leave an abusive relationship in the past. It is okay to have questions at this time and to seek answers to those [...]