Advice about divorce and separation in a domestic violence situation provided by an experienced Temecula family law and divorce attorney, serving the Temecula, Murrieta, Riverside and Hemet areas of Riverside county.
Domestic violence can be subtle. Most victims of domestic violence are not even aware that they are victims. This is because most relationships do not start out violent; domestic violence creeps up on a relationship. One spouse (or signifcant other) begins to "push the envelope" during arguments. Every time there is an argument, one party slowly becomes more aggressive during Another reason domestice violence is increasingly more common in relationships is because the definition of domestic violence has changed. Domestic violence no longer just includes physical assault.
Generally speacking, the test of whether you are a victim of domestic violence is whether you have ever been physically afraid or intimidated by your partner-- even if he or she has never hurt you, or even touched you. If the answer is yes to this question and you are a parent with children, you are risking custody of the children. If police are called during an argument and they determine the situation involves domestic violence, Riverside county child protective services may be called.
If you are in a domestic violence situation, you do have options. These include getting a restraining order. A temporary restraining order, or TRO, is only good for about three weeks. Within that time, you must return to court and obtain a permanent restraining order.
No one can tell you when seperation(sp) or divorce is appropriate, or when you should get a divorce. If your spouse is physically abusive and you have children, you are risking custody of your children.