Domestic violence includes physical abuse, but the definition goes far beyond that. California has been at the front of the battle to get all forms of domestic abuse recognized by the courts, and in doing so, it has offered extensive protections to victims of abuse. That’s why, when you’re facing a custody battle involving an abusive partner, it is crucial to work with a child custody attorney in California with experience in this area.
Our team of child custody attorneys is here to guide you through these difficult situations. Led by attorney Diana L. Spidall, who brings broad experience in family law to every case she accepts, our team works to protect clients from unnecessary continued contact with their abusers—while still putting the best interests of the child first. Discuss your case in greater detail by calling our child custody law firm at 760-245-7310.
How California Defines Domestic Violence
California defines domestic violence under two different areas of law: Family Code 6203 and Family Code 6320. Under 6203, abuse is defined as sexual assault, any intentional act of bodily injury or attempt to cause bodily injury, placing someone in fear for their safety, or doing any other behavior included in 6320. If we go to 6320, then, we see that domestic abuse includes threats, battery, harassment, stalking, and striking. It also includes anything that involves “disturbing the peace of the other party.”
California law gives broad protection to victims, and it was updated fairly recently to include coercive control. Few states have this included in their laws, and it allows victims to seek protection when a partner or ex-partner attempts to limit their freedom and personal liberty.
We’ll break down the different forms of domestic violence and how a child custody lawyer may approach it in the context of a custody battle.
Physical Abuse as the Most Recognized Form
Physical abuse is easily the most widely known and recognized form of abuse, not just in California, but across the country. In fact, many agencies didn’t even consider other forms of abuse to actually be abuse until recently. Physical abuse includes hitting, choking, restraining, punching, shoving, or otherwise physically harming someone. The court approaches physical violence cases with urgency, because exposure to physical violence can put children in danger. Not only are they physically at risk, they may suffer psychological harm from witnessing or experiencing abuse.
This type of abuse may be somewhat easier to document than other forms. Medical records and photos of bruises, broken blood vessels, and other evidence of harm can be used to back up your case.
Emotional and Psychological Abuse
While you cannot physically see the effects of emotional and psychological abuse, these forms of violence can be just as dangerous to victims and witnesses. Emotional and psychological abuse may include verbal degradation, name calling, threats to take away shared children, isolation from loved ones, and constant criticism. Again, this can cause serious harm to children. If they are the target of emotional or psychological abuse, they may develop behavioral problems, regress, or develop psychological issues. These outcomes may occur even if the child is not targeted, but sees their other parent be abused on a daily basis.
Financial and Economic Abuse
Child custody lawyers have seen many clients harmed by financial abuse—in fact, this form of abuse is often enough to keep victims from being able to seek legal support. This type of abuse happens when one partner controls the other’s access to money, denies access to shared bank accounts, refuses to pay bills or child support unless their demands are met, or doesn’t let the victim work or go back to school. The courts consider this behavior harmful to children, as it leaves one parent unable to provide for their child and leaves them vulnerable.
Coercive Control
California courts now recognize coercive control, a form of abuse that limits a victim’s freedom and autonomy. It includes monitoring a partner via spyware, taking control of aspects of your daily life, depriving access to medical care, and isolating a victim from their support network.
Under California law, there is a rebuttable presumption that custody is not in a child’s best interest if someone has engaged in domestic violence in the last five years. Working with a child custody law firm to prove abuse is an essential part of protecting yourself and your child.
Find Out How Our Family Law Firm in California Can Help
The family law team at Ewaniszyk Law Firm has helped victims like you take back control of their lives and fight for what’s right. Let’s talk about what comes next—call us at 760-245-7310 or send us a message online.
