May 2004
 
Domestic Violence & Substance Abuse

If you are currently being physically abused or have been the victim of domestic violence you should call the police right away.

The primary objective is to stop the violence and protect yourself. The police may be able to obtain an emergency protective order for you. These orders will prohibit the person you are being abused by from contacting, harassing or harming you. These orders usually last for only 72 hours. Before an emergency protective order expires you should apply for a permanent restraining order. You will also want to ask the court for a temporary restraining order until a hearing is conducted on the permanent restraining order.

It is important for you to document incidents of violence with police reports, witnesses, photos of injuries or damages and medical reports. Keeping documentation will assist you in obtaining a restraining order.

There are many reasons a court may issue injunctive orders. Violence and substance abuse are among the most common reasons for their necessity.

As noted before, such personal behavior is not considered by the court when it divides community assets. However, when credible issues of violence or substance abuse are raised in a dissolution, they can have a major impact on the outcome of child custody and visitation orders.

Allegations of drug or alcohol abuse are very common in child custody cases. If such allegations are made it is important to show the court how such abuses have affected the individual's ability to care for the children.

Evidence of drug or alcohol abuse, such as drunk driving or drug arrests, will help lend credibility to any allegations made. Please try to gather any such evidence and present it to the attorney handling your case. When drug or alcohol abuse is shown to the court an appropriate order may be issued to help mitigate the problem.

It is common for a court to issue injunctive orders directing the parent with a drug or alcohol problem to refrain from using such substances prior to or during visitation. Similarly, a past record of drunk driving may result in an order from the court prohibiting parent from ever driving with the child in the car.

Custody disputes will rarely be decided primarily on the issue of drug or alcohol abuse. However, if there is substantial evidence of a serious problem directly affecting the welfare of the children, the court may consider such evidence as the determining factor in a custody dispute.

Allegations of physical or sexual abuse of the children are also common in family law proceedings. The problem with such allegations is they are easily made but very difficult to prove or disprove.

It is very important for you to communicate openly and honestly with your attorney regarding any such claims. If such issues are raised in your case there are legal mechanisms in place to help resolve them.

Any appropriate order may be issued from the court, from supervised visitation with the child to imprisonment of the perpetrator. Your attorney will need to gather as much information as possible in order to deal with the situation appropriately.

 

 

 

Divorce Legal Services Has Offices Located In Northern California -Contra Costa

 

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