Williams & Javellana, LLP
Chico Domestic Violence Attorney Chico CA Lawyer
Domestic Violence Attorney (talk about how domestic violence would affect spousal support, visitation, retirement. etc)
Difficulties can arise in the marriage for a number of different reasons, causing the couple to seek a divorce. It is particularly difficult, however, when domestic violence is involved. It not only makes it difficult on the spouse that was abused, it can change the nature of the divorce in a number of ways. In particular, domestic violence may affect some of the specific parts of the divorce, such as visitation, spousal support and property division. If you are a victim of domestic violence, you can contact Williams & Javellana, LLP. We can give you the support that is necessary and help you through the process so that you can seek a positive outcome. Here are some of the ways that the different factors of a divorce may be affected by a history of domestic violence.
Get a Domestic Violence Lawyer
Spousal Support – The court systems are going to review a number of factors in determining permanent spousal support. They have quite a bit of discretion in making the determination, so it is important for all aspects to be considered carefully in advance of the court date. Williams & Javellana, LLP can assist you in reviewing and presenting any evidence that will affect spousal support so that the issue can be resolved properly. This is especially important in the case of domestic violence, when it may not be possible to resolve the issue out of court.
There are many circumstances that need to be considered in deciding spousal support, one of those factors is a history of domestic violence between the marriage partners. It is important to realize that the domestic violence needs to be documented properly. It can include the emotional distress that may be associated with domestic violence.
Property Division – In the state of California, the division of marital assets is not likely to include a consideration of fault. Without the proper legal domestic violence lawyer, the domestic violence that took place within the marriage may not even be considered. There are certain circumstances, however, which would allow the consideration of domestic violence but it must be approached properly. For example, a consideration of economic fault may allow the history of domestic violence to enter into the case.
Child Custody – The family courts in California take the responsibility of determining child custody rights very seriously. One of the primary factors that they will consider is the safety, health and welfare of the child. If there is a history of domestic violence against the other parent in the marriage, it may affect the custody arrangement. The court will take the domestic violence into consideration, as well as a number of other factors. Those factors may include the completion of a parenting class or a batterer’s treatment program. Any protective orders will also be considered, as well as any future acts of domestic violence that were committed.
Getting a divorce when domestic violence is involved can be difficult. Make sure that you don’t go through this situation on your own. Contact Williams & Javellana, LLP to get the support that you need during this time.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015