Coachella Valley Domestic Violence Attorney
Intimate Partner Violence
Statistics demonstrate that 95% of reported abusive
partnership violence involve assaults by spouses or ex-spouses who are men. According to the FBI, only 10% of spousal abuse cases are reported to authorities. 25% of all murders occur within families. According to the national Institute of Mental Health physical violence occurs between family members more often than it occurs between other individuals or in any settings other than war and riots. Alcohol and substance abuse is frequently a factor.
Therapists and legal professionals know from studies that
men who batter often have low self esteem. There are different mixes of familiar patterns. For instance, he probably believes in masculine stereotypes. Maybe he blames others for their actions. He may be pathologically jealous. He can present dual personalities. He sometimes has severe stress reactions and escapes them through drinking and battering. Perhaps he uses sex to enhance self-esteem. He might be bi-sexual. He doesn't believe his negative behavior should have consequences. He has low frustration tolerances, poor impulse control, and an explosive temper. He tends to be emotionally dependent upon his wife or children. He frequently already has a history of domestic violence. He may threaten children or pets as a control mechanism. Sometimes they men were abused as children, or they witnessed their mother or father being abused. Or he could be dissatisfied by his job, or be unemployed, and feel inadequate. Such men typically maintain close contact with their own families.
Women who are battered frequently have low self esteem. They believe myths about battering relationships. They believe in family unit and prescribed stereotypes of the female sex roles, as in a traditional home. They often accept responsibility for the batterer's actions. If she feels anger and fear, she may have a sense of guilt that denies it. She may have a passive personality. She often has severe stress reactions, with psychosocial complaints. She may use sex to establish intimacy. They often believe no one can help them, and are economically and emotional dependent upon their partner. She usually has some family history of domestic violence. She may accept violence in the hope that she can get her husband or partner to change: Or, she may believe she provoked the anger. She gives in to her partner's demands to protect
children and pets. She may have been physically or sexually abused as child or witnessed violence in her home as she was a child. She is often employed, but she is not allowed to control finances. And, she loses contact with her family due to embarrassment or isolation, though she may maintain contact with her husband's mother. Sooner or later, they suffer from post traumatic stress disorder and are likely to abuse drugs or alcohol; indeed, they may find themselves incarcerated for drug related offense.
Does any of this sound familiar?
Here is an article by Thurman Arnold addressing common dual PTSD and drug dependency challenges that are commonly associated with the female victims of battering experiences.
Some forms of domestic violence and abuse are painfully obvious, such as the bruising and bleeding that occurs from physical striking, pushing, kicking and strangling.
But "DV" is expressed in a variety of ways which at their core are all about control.
The Law Firm of Attorney Thurman Arnold abhors
domestic violence in any form. We are passionately dedicated to protecting the physical and the emotional safety of not only our own clients but their family members and children. Yet, we recognize that domestic violence allegations may not always be sincere.
DV Restraining Orders Protect Against Many Forms of Abuse
California Family Courts are empowered to prohibit the following activities by enjoining them through domestic violence restraining orders: "molesting, attacking, striking, threatening, sexually assaulting, battering, harassing, telephoning, including but not limited to, annoying telephone calls ..., destroying personal property, contacting either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing a good cause, of other named family, or household members."
FC section 6320. Hence, each of these activities may constitute abuse.
Appellate courts are continuing to define other activities which may be restrained, and are expanding prohibited activities particularly on the heading "disturbing the peace of the other party" to include reading and publishing private emails of the other party in a manner intended to harass and offend that person, or even simply screaming at them without any physical touching: To "
disturb the peace of" in its ordinary meaning includes 'agitating or destroying the peace and quiet of another or breakup up the quiet, tranquility or rest of a person or stirring up trouble for disquiet.' It can include conduct that destroys the mental or emotional calm of the other party. There is no requirement of an actual infliction of physical injury or assault; indeed, often the abuser
destroys personal property,
isolates or humiliates a victim, or
controls access to friends, relatives, or finances.
Exclusive Use of Dwelling
Courts will, upon request and sufficient evidence, issue
orders excluding a party from the family dwelling, no matter who holds title to it.
Family Code sections 6321, 6340. Being a
victim of domestic violence may entitle you to actually
terminate your lease with a landlord under certain circumstances if you need to move!
Child Custody and Visitation Orders in Domestic Violence Cases
Family Courts are authorized and encouraged to make custody orders where domestic violence is found between legal or biological parents, which are often quite restrictive. Indeed, Courts are mindful that parents seeking a strategic advantage may falsely claim, or exaggerate,
domestic violence in to gain custody advantages.
The Arnold Law Office has no interest in such agendas: While we wish to protect bona fide victims of domestic violence, we refuse to aid potential clients who are not sincerely fearful. In
defending persons accused with domestic violence, our office vigorously challenges the evidence to test the truth of the complaining party because the consequences of such orders may ruin lives, including the lives of children and innocent parents.
In cases of Domestic Violence, where children are involved and restraining orders do issue, a rebuttable presumption arises under
Family Code section 3044 that an order for joint physical or legal custody of a child of the perpetrator (party against whom orders issue) would be detrimental to the best interests of the child. Any visitation to such a person must be limited, specific, and often supervised.
When we find ourselves with clients who may have reacted badly under severe stress, we guide them in a manner that supports them in overcoming the root causes of their anger so that they may resume their roles as parents. It is never our role to judge our clients, but it always our function to guide them in a manner that promotes better citizenship and parenting. This is one of our goals for awakened lawyering.
Support And Attorney Fees in DV Proceedings
Family Courts may issue orders for child and spousal support and even attorney fees to the prevailing party (including against a party who makes unfounded accusations). If you have a Cathedral City divorce, or a domestic violence case within the Coachella Valley, please contact us.
At the law firm of Thurman W. Arnold, we protect
victims of domestic violence. And, we want to defend people innocently accused of domestic violence.
Attorney Thurman Arnold is an experienced divorce litigator who can help protect you.
Contact Coachella Valley Domestic Violence Attorney Thurman Arnold for a Free consultation