San Bernardino Domestic Violence Attorney
The California Domestic Violence Prevention Act of 1994 defines abuse as "any violence" against a spouse, fiancé, co-habitant, or other individual with whom the abuser has or formally had a relationship. The types of violence addressed in the Domestic Violence Prevention Act include intentionally or recklessly causing physical injury, attempting to cause physical injury, threatening to cause physical injury, sexual assault, and placing an individual in reasonable apprehension of being seriously harmed.
Today, many individuals and their children are subjected to domestic violence every day of their lives. Fortunately, in the State of California there are several options available to victims of domestic violence. Victims can file for protective orders, file criminal charges, and/or seek damages in a civil suit.
Domestic Violence and Children
The effects that domestic violence has on children who have witnessed the abuse or who have experienced the abuse themselves vary greatly from one child to the next. Rarely, however, will a child come out of a violent domestic living situation unscathed. Most children who live in homes where domestic violence regularly occurs suffer secondary psychological effects, including academic problems, aggressive behavior and depression, agitation, emotional numbing, feelings of guilt and not belonging, obsessive behaviors, posttraumatic stress disorders, social problems, and general emotional distress that can lead to suicide. Male children who have been abused or who have witnessed abuse tend to be more likely to become abusers themselves as adults.
Under California's Family Code §3044, the state has enacted a policy regarding custody and domestic violence. This policy states that if it is found that a party was a perpetrator of domestic violence within the past five years, the courts have the ability to deny physical custody to that individual based on such findings. While it may be possible to refute the presumption of a domestic violence ruling, under certain limited circumstances the courts may not impose such actions, but in practice it is quite difficult to convince a judge that such action should not take place. The laws of the State of California clearly raise the stakes when in comes to custody matters in which domestic violence is alleged. If you are a victim of domestic violence, these laws virtually assure that you will obtain sole custody of your minor children if you can prove to the court that domestic violence has occurred. On the other hand, if you are falsely accused of domestic violence, you should definitely fight such allegations if you wish to obtain joint or sole custody of your child(ren).
San Bernardino Domestic Violence Attorney Michael R. Young Can Help You!
During such an emotional time, there is nothing more important than having an aggressive and experienced San Bernardino domestic violence attorney on your side. If you are suffering from domestic violence, you are not alone. At the San Bernardion domestic violence attorney office of Michael R. Young, we are ready and able to act quickly on your behalf.
At the San Bernardino domestic violence lawyer office of Michael R. Young we offer an intelligent, insightful and caring approach toward our clients during such emotional times. If you have been falsely accused of domestic violence, you need to insure that your rights are protected. San Bernardino domestic violence lawyer Michael R. Young has represented many individuals falsely accused of domestic violence. For more information on how we can help you with your domestic violence case, contact the San Bernardino domestic violence lawyer office of Michael R. Young for a free initial consultation today!
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