Domestic Violence Specialists Palm Desert | Cathedral City | Indio, CA
Intimate Partner Abuse in the Desert Cities
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 these men were abused as children, or witnessed their mother
or father being abused. Or is likely dissatisfied by his job, or unemployed,
and feels inadequate. Such men typically maintain close contact with their
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 causes her to deny it. She
may have a passive personality. She often has severe stress reactions,
with psychosocial complaints. She may use sex to establish intimacy. She
often believes no one can help her, and is economically and emotionally
dependent upon her 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 a child or she witnessed
violence in her home. 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 she suffers from
post traumatic stress disorders and is likely to abuse drugs or alcohol; indeed, she may find herself
incarcerated for drug related offense.
Does any of this behavior sound familiar?
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
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
be trumped up to gain strategic advantage in a small percentage of family
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 the abuse that justifies
the issuance of emergency and permanent orders. There is no requirement
of a injury and many times the abuse is not that direct. Often the abuser
abuses indirectly and destroys personal property, or isolates or humiliates
a victim, or controls his or her access to friends, relatives, or finances.
Exclusive Use of Dwelling: Kick-out Orders
Courts will, upon request and sufficient evidence, issue orders excluding
a party from the family dwelling, no matter who is the named tenant, or
holds title to a home, or when the residence was leased or acquired. See
Family Code sections 6321 and
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 for safety reasons. Here is a link to Here is a link
California Code of Civil Procedure section 1946.7, which tells you what is required to accomplish this.
Child Custody and Visitation Orders in Domestic Violence Cases
Where children are involved and restraining orders do issue, a rebuttable
presumption arises under
Family Code section 3044 that a joint physical or legal custody for the perpetrator would be detrimental
to the best interests of the child. Any visitation to such a person must
be limited, specific, and often supervised.
At the same time, Courts recognize that some parents seeking a strategic
advantage may falsely claim, or exaggerate, domestic violence to gain
custody advantages. This is why contested evidentiary hearings with cross-examination
of witnesses and the proper introduction of evidence is so critical. For
those of you who won't or can't hire a lawyer, please browse this
site using my on-board search engine to find other helpful information.
The Arnold Law Office has no interest in domestic violence agendas: We
want to pursue the truth and assure that our clients are protected from
true danger, or saved from false allegations. The consequences of such
orders can ruin lives, including those of children and innocent parents,
both economically and emotionally. We will vigorously challenge the evidence
to test the truth of the complaining party.
Sometimes it also happens that we find ourselves with clients who may have
reacted badly under severe stress. We can guide those in a manner that
supports them in overcoming the root causes of their anger, so that they
may quickly resume their roles as parents.
Spousal or Partner Support And Attorney Fees in DV Proceedings
Family Courts almost always issue spousal and child support awards, and
often orders for attorney fees (Family Code section 6344), when legally proper and the evidence justifies it.
courts often refuse to award spousal support in favor of domestic violence
perpetrators (Family Code section 4325). If you are falsely accused of DV and are at risk of losing your right
to spousal support, you had better get a competent family law attorney
- a certified family law specialist - on board.
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.
Contact Palm Springs Domestic Violence Attorneys Thurman Arnold and Michael Peterson
for a Free consultation
We serve and defend domestic violence clients within the desert cities of
Palm Springs, La Quinta, Rancho Mirage, Joshua Tree,Twenty-Nine Palms,
Cathedral City, Indio, Desert Hot Springs,Yucca Valley, and Riverside!