On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Saturday, December 2, 2017. Domestic violence is often a silent struggle for Californians. No one wants to show the ugly face of abuse to individuals that they encounter outside of their homes and so often they hide the pain and suffering that they endure so as to appear happy, confident and in control of their lives. However, it is often control that a domestic violence abuser seeks to ward over their victim and through that control an abuse may ruin their victim's life. Incidents of domestic violence generally happen between intimate partners, such as married individuals or individuals who hold each other out as significant others. In California, though, domestic violence laws apply broadly to relationships beyond those just mentioned as well as to relationships that have ended. For example, in California domestic violence can occur between ex-spouses. It can occur between cohabitants of a residence or even former cohabitants of a residence. It can happen between individuals who are not in a relationship but who share a child and also between married partners and partners who are dating. Domestic violence can be very different in different abuser-victim relationships. While some victims may endure physical or sexual abuse, others may struggle with mental and emotional attacks that reduce them to suffering. All victims may seek support and protection under the law, regardless of the way their abusers seek to control them. In California the victim of domestic violence or abuse may seek a protective order to limit or eliminate their contact with their abuser. In order to learn more about protective orders and California's domestic violence laws readers are encouraged to reach out to legal professionals that they know and trust.
On behalf of Morna Challoner of Challoner Law posted in Domestic Violence on Friday, October 20, 2017. Disagreements are a part of life. Not everyone is going to see eye-to-eye. However, when a person lives in fear or is otherwise feeling unsafe, domestic violence may be the reason why. Domestic violence is any physical, mental or emotional behavior that negatively affects family members or those living in the home to the point where they feel fearful, angry or scared. Domestic violence can have long-reaching consequences for victims who are on the receiving end of domestic violence-related behavior. The U.S. Surgeon General recently released a statement that domestic violence is the number one issue facing our great nation today. One definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many forms of abuse are included in the definition of domestic violence including emotional, physical, sexual, economic or psychological. Essentially, there are may ways that an abuser can inflict pain or fear in their partners or children. Sometimes abusers are well aware of their actions and impact and other times they do not realize the impact of their actions. Just about anyone can become a victim of domestic violence, but no one needs to be a victim forever. If you are looking to divorce your spouse and believe that you and/or your children are domestic abuse victims, you should take special care in such a volatile situation and make a safe and secure living arrangement to protect yourself and your loved ones. No one should have to suffer under the weight of abuse. Divorce or a custody arrangement are just a few ways to put some separation between yourself and your abuser. Domestically violent spouses and parents may [...]
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 divorce. In [...]
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 that they [...]