Divorcing an abusive husband is a challenging and emotional legal process. The divorce process requires careful planning and legal knowledge to ensure your safety and secure your rights. If you are looking to divorce your abusive husband, you should retain a family lawyer who specializes in divorce cases.
In this blogpost, you learn about California abuse laws, the divorce process, and practical tips for protection and evidence gathering. After reading this article, you can maneuver this difficult journey with greater confidence and knowledge.
What Is Abuse in a California Domestic Violence Case?
In California, domestic violence encompasses various abusive behaviors. According to California Family Code Section 6203, abuse is defined as any of the following:
- Willfully or recklessly causing or attempting to cause bodily injury
- Sexual assault
- Putting someone else in danger of getting seriously hurt, either themselves or someone else
- Engaging in any action that has been or could be stopped by a court order
Family Code Section 6320 further elaborates on what constitutes abuse, including disturbing the peace of another person. Also, domestic violence does not require physical assault or injury. Family Code 6320 consists of four parts. Here is the statute's version as of January 1, 2021.
Parts (a) through (d) of Family Code 6320 on "Abuse"
California Family Code Section 6320 outlines the specific behaviors that constitute abuse and can be legally forbidden. These parts cover a range of actions to protect victims of domestic violence.
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Part (a) of Family Code 6320
It encompasses several abusive actions, including attacking, striking, molesting, stalking, threatening, sexually assaulting, battering, and harassing. It also includes actions like making annoying telephone calls, contacting, destroying personal property, either directly or indirectly, by mail or otherwise, and disturbing the peace of the other party.
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Part (b) of Family Code 6320
Part (b) expands the scope of protection provided by protective orders to include additional household members beyond just the person who initially sought the order. It ensures that individuals such as children, relatives, and cohabitants who reside in the household are also covered under the protective order if they are experiencing abuse or the threat of abuse. This provision acknowledges the importance of safeguarding all household members from harm or potential harm, regardless of their relationship to the individual seeking protection.
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Part (c) of Family Code 6320
Part c addresses new forms of abuse, such as coercive control, which involves a pattern of behavior that unreasonably interferes with a person's free will and personal liberty. This can include isolating the person from friends, relatives, and other support networks, controlling the person's economic resources, and regulating the person's daily behavior.
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The Second Aspect Of Part (C) Which Is The New Coercive Control Section
The new coercive control section under Part (c) of Family Code 6320 significantly broadens the definition of domestic abuse to include non-physical forms of abuse. Coercive control refers to a pattern of behavior aimed at undermining an individual's autonomy and freedom. This can manifest as:
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Isolation
Restricting a person's access to friends, family, or other support networks. -
Economic Abuse
Controlling financial resources, restricting access to money, or forbidding employment. -
Monitoring and Surveillance
Excessive monitoring of a person's communications and movements. -
Psychological Manipulation
Using threats, humiliation, or intimidation to instill fear and compliance.
The inclusion of coercive control reflects a growing understanding that abuse is not solely physical and that emotional and psychological abuse can be equally damaging. Recognizing coercive control as abuse allows victims to seek protective orders and legal remedies even when physical violence is not present.
Importance of Recognizing Coercive Control
Recognizing coercive control as a form of abuse is vital for legal protection. This acknowledgment helps the legal system address the subtle and insidious ways an abuser can exert dominance and control over their partner, which might otherwise go unnoticed. Victims of coercive control often suffer significant psychological harm and may find it challenging to escape the abusive relationship without legal intervention.
Family Code 6320 Also States Its Remedies Are Not Limited
Family Code 6320 emphasizes that the remedies available under this section are not limited to those explicitly listed. This means the court has discretion to issue orders necessary to protect the victim and other affected individuals.
These can include:
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Emergency Protective Orders
These include immediate, short-term orders for immediate protection. -
Temporary Restraining Orders (TROs)
These orders protect the divorce proceedings. -
Permanent Restraining Orders.
These are long-term orders that can last up to five years and can be renewed.
The flexibility provided by this clause allows the court to address the unique circumstances of each case comprehensively, ensuring that all forms of abuse are adequately countered and that the victim's safety is prioritized. This broad scope of potential remedies enables the court to give orders that address specific situations.
For example, the court can:
- Order the abusive spouse to move out of the shared home
- Grant temporary custody of children to the non-abusive spouse
- Require the abuser to attend counseling or anger management classes
- Implement supervised visitation arrangements to protect children
This adaptability can effectively safeguard victims and their families from various forms of domestic abuse.
Divorcing An Abusive Husband In A Situational Domestic Violence Case
Situational domestic violence, also known as situational couple violence, arises from specific conflicts and does not involve a consistent pattern of control or dominance by one partner. It occurs sporadically due to specific triggers or stressful circumstances.
In dealing with situational domestic violence, the primary concern is ensuring your immediate safety and that of any children involved. This might involve temporarily relocating to a safe place or seeking emergency protective orders. Prioritizing safety is essential as the first step in the process.
Collect and preserve evidence such as photographs of injuries, medical reports, police reports, and witness statements. This documentation helps you obtain legal protection and support in court. Having concrete evidence helps substantiate your claims and strengthens your case.
Initiating divorce proceedings involves filing a petition for the dissolution of marriage. In California, you can file for divorce because of irreconcilable differences, which does not require proving fault or abuse. This simplifies the process and allows you to focus on the necessary steps to ensure your safety and well-being.
Seeking temporary restraining orders (TROs) or emergency protective orders is another step you want to consider. These orders prevent further abuse and ensure the abuser maintains a certain distance from you and your children. The legal system provides these protections to safeguard victims during the divorce process.
If children are involved, requesting temporary custody and support orders is essential. The court will prioritize the safety and well-being of the children when making custody determinations. Ensuring the children are in a safe and stable environment is paramount for the court and you as a parent.
Engaging a family lawyer specializing in domestic violence cases is highly recommended. A lawyer can advocate for your rights and provide legal support to protect you and your children. Their expertise is invaluable in handling the challenges of domestic violence cases.
Apart from legal redress, seeking emotional and practical support is equally important. Counseling and support groups offer guidance, understanding, and strength during this challenging time. Professional counseling helps rebuild self-esteem and provides coping strategies to deal with the trauma of abuse.
Financial planning is another aspect you must pay attention to. Assess your financial situation and plan for financial independence. This may involve opening a separate bank account, securing financial support, and planning for employment if necessary. Financial independence is a key factor in ensuring long-term safety and stability.
Divorcing an abusive husband in a situational domestic violence case requires careful planning, legal intervention, and emotional support. Prioritize your safety, document the abuse, and seek professional legal assistance to navigate the divorce process effectively. These steps allow you to move towards a safer and healthier future for yourself and your children.
Divorcing An Abusive Husband With A Pattern Of Domestic Violence
Divorcing an abusive husband with a consistent pattern of domestic violence involves dealing with chronic and systematic abuse. This form of abuse is characterized by ongoing behavior intended to control, intimidate, and harm the victim.
Primarily, your safety and that of your children take precedence. This may involve staying with trusted friends or family or seeking refuge in a domestic violence shelter. Next, file for a temporary restraining order (TRO) or emergency protective order to keep the abuser away from you and your children. These orders can include provisions for no contact, residence exclusion, and stay-away directives.
While at it, collect detailed documentation of the abuse. This can include photographs, medical records, police reports, texts, emails, and any other forms of communication that illustrate the pattern of abuse.
You can now begin the divorce process by filing a petition for dissolution of marriage. In California, you can file for divorce based on irreconcilable differences without the need to prove abuse. The abuse will significantly influence custody and support decisions.
Note that the court will prioritize the safety and well-being of children when determining custody. You can request sole custody or supervised visitation to protect the children from further abuse. Seek spousal and child support to ensure financial stability during and after the divorce proceedings. Courts often provide financial protections for victims of domestic violence.
You should engage a divorce lawyer to help you navigate the legal system, advocate for your rights, and provide legal support to secure your safety and your children's. You can also utilize counseling services and support groups specializing in domestic violence. These resources offer emotional support and practical advice on leaving an abusive relationship.
Develop a comprehensive safety plan that includes emergency contacts, secure communication methods, and steps to take in case of further violence. Next, plan for financial independence by opening separate bank accounts, securing credit, and exploring employment opportunities.
Working Up The Courage To Protect Yourself Against The Abusive Husband
Gaining the courage to leave an abusive husband is one of the most challenging yet crucial steps. Emotional, psychological, and physical abuse can erode self-esteem and instill a profound sense of fear and helplessness.
Here's how to build the courage:
- Acknowledge you are in an abusive relationship. Understand that abuse is not your fault, and you deserve to live without fear and harm.
- Connect with trusted friends, family, or support groups. Speaking with others who understand your situation can provide validation and strength. Domestic violence hotlines and local shelters offer confidential advice and support.
- Learn about your rights and the legal protections available to you. Knowledge about domestic violence laws and resources can empower you to act.
- Develop a safety plan that includes steps for leaving the home, places to stay, and important documents to take with you. Having a concrete plan can reduce fear and uncertainty.
- Engage in counseling or therapy to rebuild self-esteem and address trauma. Mental health professionals can provide coping strategies and emotional support.
- Consult a family lawyer specializing in domestic violence cases. Legal guidance can help you understand the process and protect your rights.
- Take small steps towards independence, such as securing personal finances, finding employment, or engaging in self-care activities. Each step forward can build confidence.
- Read stories of others who have successfully left abusive relationships. These offer hope and motivation.
- Practice self-affirmation by reminding yourself of your worth and right to a safe, peaceful life. Positive reinforcement can help counteract the negative impacts of abuse.
Finding the courage to leave an abusive relationship is a gradual process. Each step towards safety and independence is significant. Seek support, educate yourself, and act. Ultimately, you can protect yourself and build a better future.
Gathering Evidence In Support Of A Domestic Violence Case Against An Abusive Husband
Collecting evidence helps prove domestic violence in a legal setting. Comprehensive and well-documented evidence can significantly influence the outcome of your case. Here’s how to gather evidence effectively:
Types of Evidence
- Physical Evidence. Document injuries through photographs, medical records, and written descriptions. This includes bruises, cuts or physical harm inflicted by the abuser.
- Medical Records. Obtain medical reports and hospital records. Healthcare providers can document the extent of injuries and provide professional testimony.
- Police Reports. Contact law enforcement during or after an abuse incident. Police reports and officer testimony can provide authoritative accounts of the abuse.
- Witness Statements. Gather statements from friends, family members, neighbors, or anyone who witnessed the abuse or its aftermath. These can corroborate your account of events.
- Text Messages and Emails. Save abusive, threatening or coercive messages from your husband. Digital communication often contains explicit evidence of abuse.
- Journals or Diaries. Keep a detailed log of incidents, including dates, times, and descriptions of the abuse. Consistent entries can demonstrate a pattern of behavior.
- Audio and Video Recordings. In some cases, audio or video recordings of abusive behavior can serve as powerful evidence. However, ensure you are complying with local laws regarding recordings.
- Financial Records. Document any financial control or economic abuse. This includes bank statements, employment records, and any restrictions placed on your financial independence.
Steps to Gather Evidence
Record details of the abuse as soon as possible while the events are fresh in your memory. After recording, store physical and digital evidence in a safe place, away from the abuser’s reach. Consider using a trusted friend’s home or a secure cloud storage service.
Work with healthcare professionals to document injuries and receive necessary treatment. They can provide important medical records and expert testimony. Remember to inform the police. Report incidents to the police to create an official record. Even if no immediate action is taken, the report is valuable evidence.
You should not pursue the divorce alone. So, you should retain a family lawyer who specializes in domestic violence cases. They can guide you on the best ways to collect and present evidence in court.
Importance of Gathering Evidence
Gathering comprehensive evidence can prove domestic violence and obtain legal protection. Evidence supports your claims in court, helps secure restraining orders, and influences custody and support decisions. It also provides a factual basis for your narrative, countering any attempts by the abuser to deny or minimize their actions.
Practical tips to consider are:
- Regularly backup digital evidence to multiple secure locations.
- Maintain Confidentiality. Be cautious about whom you share information with to avoid tipping off the abuser.
- Leverage testimonies from professionals, such as doctors, therapists, and law enforcement officers, who have firsthand knowledge of the abuse.
Talk To A Los Angeles Divorce Lawyer Near Me
Going through a divorce from an abusive husband requires immense courage and a clear understanding of your legal rights. Each step, from recognizing the abuse to gathering evidence and securing professional legal help, ensures your safety and achieves justice. You deserve to live free from fear and harm; taking action is the first step toward reclaiming your life.
If you are in this challenging situation, always seek professional legal assistance. At Los Angeles Divorce Lawyer, our experienced lawyers will guide you through the process. We will advocate for your rights and help you secure the protection and support you need to move forward with confidence and peace of mind. Call us at 310-695-5212 today!
