As a San Diego divorce lawyer and Certified Family Law Specialist for over thirty years I have seen substance abuse, alcohol abuse and many other factors will cause tension and stress to build and many time release itself in the form of spousal abuse, or domestic violence.
Domestic violence, simply put, is a type of prohibited violence (usually an assault or a battery) committed by one person of a statutorily defined relationship against another person of the same defined relationship (usually a married couple). The violence is of the type that puts the victim in fear of harm (usually bodily injury) by virtue of the violence of the perpetrator. If a Domestic Violence Restraining Order is granted by the court, the victim will be the protected party and the perpetrator will be the restrained party.
Domestic Violence may result in criminal and/or civil court actions and consequences. A recent news story described that actor Charlie Sheen pled guilty to a charge of committing domestic violence (criminal) against his Wife in Aspen Colorado. The assault occurred last December and Mr. Sheen just entered his plea. According to the plea bargaining, Mr. Sheen will not be sent to jail however he may serve time at a rehab center in California (this decision is reportedly up to the rehab center whether Mr. Sheen will receive credit for prior days spent in the rehab center).
This plea deal and court order reportedly caused California attorney Gloria Allred to openly criticize the sentencing. The Riley Center reports that 50% of all women murdered in the US are murdered by a spouse or close acquaintance. Further that domestic violence occurs in 60% of all marriages. In my experience, domestic violence is perpetrated by both Husbands and Wives.
California law now links domestic violence findings by a Family Court with significant consequences in the child custody orders and the spousal support orders. La Jolla divorce attorneys work extremely hard on domestic violence family law cases because of the severe consequences if the court makes an adverse finding. So the results in the Sheen case are surprising.
The San Diego Domestic Violence family law attorneys at the Law Office of Thomas M. Huguenor represent both alleged victims and alleged perpetrators in domestic violence cases.
