Southern California Family Law

(818) 500-0511

(818) 500-0511

Southern California Family Law

How to Safely File for Divorce With a Domestic Violence Attorney

Uncategorized - August 12, 2021

How to Safely File for Divorce With a Domestic Violence Attorney

Filing for divorce in California always comes with challenges, but when matters of actual or threatened domestic violence are involved, additional issues must be handled carefully during this process. An experienced domestic violence and divorce attorney, like those at the Simpson Law Group, can help you safely file for divorce from your abusive spouse. Providing protection for you and your loved ones, our office is here for you. To learn more, call or contact our office when it is safe to speak with one of our attorneys today.

Preparing for Divorce in California

The first step in safely filing for divorce in an abusive relationship is to prepare what is needed for the case. When it is possible, make copies of important financial documents like bank account statements, tax returns, and credit card statements. Take an inventory of valuable possessions or those that have sentimental value. Set aside money if possible, either in cash or in a separate bank account. Establish a P.O. box to send and receive communication from the attorney and others involved in the case. Talk to a lawyer to learn more about what you need to prepare for a divorce in this situation. 

Filing a California Restraining Order

Once the divorce petition is filed with the court, a victim of domestic violence can also seek a restraining order against their spouse for additional protection. If a spouse fears that they are in present and immediate danger after filing for divorce, the judge may issue an emergency protective order that protects you and your child. A temporary restraining order may also be issued after filing for divorce that can order an abuser to vacate the home, make no contact, establish temporary child custody, and set temporary child support until a final hearing occurs. 

A final restraining order requires a full hearing, where each spouse has the opportunity to present their case as to why the court should or should not grant the order. If the judge agrees that a final restraining order is necessary, it can last between three to five years and be renewed permanently, depending on the situation. This can provide protection for you and your loved ones after the divorce is finalized and allow you to move on with your life. 

Let a Trusted California Divorce Attorney Handle Your Divorce

Lastly, allow your attorney to handle all aspects of the divorce. Mediation and other alternative dispute resolution methods are not recommended when there are issues of domestic violence between spouses, as the abuser may try to intimidate or coerce the victim during these meetings. Instead, let the lawyer make all court appearances, communicate with the other spouse’s attorney, and negotiate the divorce settlement on your behalf. Minimizing contact with a spousal abuser lessens the chance and opportunity that something will occur. 

Contact a Respected Divorce Attorney in Glendale, CA Today

Do you need help filing for divorce from an abusive spouse? If so, the knowledgeable domestic violence lawyers at the Simpson Law Group are here to help. Call the office or contact us today when you can find a safe time and place to do so to learn more about your legal options.

We Are Ready to Help You