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Domestic Violence (15)

Domestic Abuse/Violence

Domestic Abuse / Violence

A small percentage of marriages in the United States end due to domestic violence incidents. Though these incidents are rare, they are often traumatizing for those who experience them. Abuse of this kind can lead to serious injury or death, depending on the circumstances. The abuse may also not always be physical.

Emotionally belittling or threatening a person can have serious psychological effects, as well. Domestic violence can include any of the following:

  • Physical injury
  • Sexual abuse
  • Emotional/psychological abuse
  • Threats of violence

If an individual has found themselves a victim of violence in their marriage, it’s possible to request a restraining order. These orders are aimed at limiting the contact between instigator and victim. It protects the victim from having to endure further abuse by eliminating the opportunity for the person responsible to inflict further harm. Hiring a family law attorney familiar with domestic violence cases can assist the victim in getting the protection they need and starting a new life without their abuser.

Helpful Links

The following links have been provided to further expand on domestic violence and other related topics.

Legally Fighting Back against Domestic Violence

Legally Fighting Back against Domestic Violence

Divorce can be a difficult issue for anyone to face, but for those being domestically abused, it may be the best way out of a bad situation. Many people have been able to put a stop to domestic violence by enforcing their legal right to physical safety. Fortunately, there are a number of ways that victims of domestic violence can fight back legally. With legal assistance, a victim of domestic abuse will likely be able to escape this traumatic situation.

If you or someone you know is suffering from domestic violence, contact our compassionate San Diego domestic abuse attorneys of Fischer & Van Thiel, LLP, today by calling 858-935-6211. We will work diligently to help you get the safety you deserve.

What Victims Can Do

Victims of domestic violence may feel like they are helpless and that they will never escape their abusive situation. However, if you are the victim of any kind of domestic violence, whether it’s sexual, physical, or verbal abuse, you can take action today to put a stop to this violence. Victims can and should:

  • Immediately contact an experienced domestic abuse attorney
  • Document any forms of abuse that you can
  • Document any expenses you incur due to abuse
  • File for a restraining order, divorce, or other legal measure with an attorney

Dealing with domestic violence on your own can be a daunting experience. Therefore, having legal assistance can often make your situation easier to handle. An attorney who is familiar with both divorce law and domestic violence lawsuits may be able to help you pursue the best route for you and your family.

Contact Us

There are several ways to put a stop to domestic violence, one of which is legally ending an abusive marriage. If you are involved in a divorce and are suffering from domestic violence, contact our experienced San Diego divorce attorneys of Fischer & Van Thiel, LLP, today by calling 858-935-6211.

What is Verbal Abuse?

What is Verbal Abuse?

When people think of an abusive marriage, physical abuse is usually what comes to mind first. This is likely because, for victims of verbal abuse, it is sometimes difficult to define exactly what is happening. Unlike physical abuse, where the evidence is outward and easy to identify, verbal abuse is internally damaging. The use of harsh words to control and harm another person does constitute abuse and can be very harmful to a person’s self-esteem and outlook on life.

If you have been verbally abused by your spouse and are considering divorce, the San Diego divorce attorneys of Fischer & Van Thiel, LLP can help. Any kind of abuse is unacceptable, and our team of compassionate and experienced attorneys will work hard to make sure your rights and interests are protected. Call our offices today at 858-935-6211 to speak with an attorney.

Types of Verbal Abuse

The signs of verbal abuse are less obvious than physical abuse, but they can be extremely harmful. Here are some examples of what typically constitutes a verbally abusive relationship:

  • Negative name calling – They use names that are mean-spirited and intended to hurt
  • Shaming words – Your spouse constantly criticizes your actions, big or small with sarcasm, mocking, or shame
  • Yelling/screaming – Your spouse blows up at any perceived mistake
  • Threats – made “jokingly” or seriously
  • Dismissing your feelings – They avoid discussing any of your problems or concerns
  • Playing on your emotions – Using emotionally charged words and arguments to control your behavior

If you believe that you are in an abusive relationship, it’s important to know that you do not have to remain in that relationship. Contacting a reliable divorce attorney can be the first step to recovering from an abusive marriage.

Contact Us

The San Diego divorce attorneys of Fischer & Van Thiel, LLP believe that no one should have to stay in an abusive relationship. If you have decided to take action and end an abusive marriage, contact us today at 858-935-6211.

Spousal Rape

Spousal Rape

Many people remain unaware that it is illegal to rape your spouse because they assume that rape does not apply to a married person. However, it is a crime to force a person to perform sexual acts that are not consensual, even if the victim is the spouse of the offender. This is known as spousal rape or marital rape, and it can be both a physically and emotionally traumatizing event. Oftentimes, victims of spousal rape decide to end the marriage through a divorce.

Rape is an inexcusable crime, regardless of who commits the act or the circumstances surrounding the event. If you or a loved one is the victim of spousal rape, we can help you seek protection from your abusive spouse. Please contact the experienced and understanding San Diego spousal rape attorneys of Fischer & Van Thiel, LLP, at 858-935-6211 for a confidential consultation.

Forms of Spousal Rape

According to the state of California, if your spouse has performed any of the following acts, that spouse may be guilty of spousal rape:

  • The offender forces the victim to perform non-consensual sexual acts through physical violence or the threat of physical violence
  • The sexual acts are non-consensual because the victim is unconscious or physically restrained
  • The offender drugs or otherwise incapacitates the victim so that he or she cannot resist

Spousal rape is a type of domestic abuse, and it is important that victims separate themselves from their violent and disrespectful spouses in order to protect their health and well-being.

Contact Us

At Fischer & Van Thiel, LLP, we understand how difficult and stressful it can be to cope with spousal rape. That is why we are committed to helping those who have suffered from this terrible act. If you or a loved one is the victim of spousal rape and is searching for a divorce lawyer, please contact the San Diego marital rape lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 today.

Types of Domestic Violence

Types of Domestic Violence

For those living in troubled relationships, domestic violence may be an unfortunate and frightening reality. Domestic abuse occurs when one person in a relationship uses power or abuse to control or intimidate the other person. Domestic violence takes many forms, but it always results in pain and suffering for at least one individual. If you are in a relationship marked by domestic violence, it is important to escape your abusive partner and contact a skilled domestic violence attorney who can help protect you.

If you or a loved one is in an abusive relationship, you may be entitled to a restraining order or other legal methods to protect you from your abusive partner. Please contact the experienced San Diego domestic violence lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 for more information regarding your legal options during this difficult time.

 Forms of Domestic Abuse

Domestic violence can leave more than physical scars on the victim; psychological and emotional damage is also common in domestic abuse cases. It is important to recognize the forms domestic abuse can take so you can better understand if you or a loved one is in the midst of a troubled relationship. Examples of domestic abuse include:

  • Physically assaulting a partner by punching, shoving, hitting, etc.
  • Sexual abuse and spousal rape
  • Isolation from their family and friends
  • Insulting, putting down, or calling a partner by degrading names
  • Stalking
  • Withholding finances from a spouse

Those in abusive relationships live in constant danger to their health and well-being. It can be intimidating and frightening to leave the abusive individual, but it is typically your only option to protect yourself.

Contact Us

If you or someone you care about is a victim of domestic violence, you should know that you are not alone. Please contact the compassionate and understanding San Diego domestic violence attorneys of Fischer & Van Thiel, LLP, at 858-935-6211 today to discuss your situation

6 Signs of Domestic Abuse

6 Signs of Domestic Abuse

Unfortunately, domestic abuse is a frequent occurrence affecting many couples. It is a common reason for divorce, but it is also highly underreported in our society, as there continues to be a certain stigma attached to being a victim of domestic abuse. If you are involved in a marriage or other relationship marked by domestic abuse, it is important to leave the abuser right away and contact a skilled domestic abuse attorney who can help you protect yourself.

If you or someone you love is being abused in a relationship, you are not alone during this stressful time. To discuss your situation, please contact a caring and understanding San Diego domestic abuse lawyer of Fischer & Van Thiel, LLP, at 858-935-6211 for an evaluation of your case.

Six Common Indicators of Domestic Violence

It is important to recognize some of the most common signs of domestic abuse so you can better identify when it is hurting someone you love. There are several different types of domestic abuse, but six frequent indicators of mistreatment include:

1. Using force and coercion to control the other spouse

2. Showing extreme jealousy about the other spouse’s relationships

3. Frequent and harsh criticism for the other spouse, especially over mundane things

4. Constant threatening from one spouse

5. Private or public humiliation of one spouse by the other

6. Inexplicable bruises or wounds on one spouse

If you are a victim of spousal abuse, there are legal steps that you can take to help protect you from your abuser.

 Contact Us

If you or someone you care about is trapped in an abusive relationship, it is important to seek help. Please contact a qualified San Diego domestic abuse lawyer of Fischer & Van Thiel, LLP, at 858-935-6211 for more information.


Are You Aware of these 5 Common Signs of Child Abuse?

Are You Aware of these 5 Common Signs of Child Abuse?

Across the country, Child Protective Services (CPS) receives roughly 50,000 calls a week about suspected child abuse cases. While some of these calls do not reflect any actual instances of abuse, sadly, child abuse does happen and in some instances, it occurs at the hands of a parent or other family member. In order to help keep your child safe, it is important to be aware of some of the most common signs of child abuse. If you notice any of these in your child, you should take action immediately.

If you suspect that your child is being abused, it is easy to feel confused and scared; unsure of what to do next. To learn more about what you can and should do at this time, contact the understanding and tenacious San Diego child custody lawyers of Fischer & Van Thiel, LLP, at 858-935-6211 to discuss your situation with a dedicated attorney.

5 Child Abuse Signs

Child abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, or neglect. All of these can be devastating to a child’s well-being and future, so it is important to be able to immediately recognize common signs of child abuse so you can protect your child and remove him or her from an abusive situation

You should be aware of the following five common signs of child abuse, and take action if you notice any:

  • Physical signs of abuse such as cuts, bruises, broken bones, etc.
  • A dramatic change in attitude or personality, such as suddenly becoming withdrawn or detached
  • Serious and sudden changes in parent-child interactions
  • Signs that one has been abused sexually, such as genital bleeding
  • Sudden, inexplicable weight loss

Contact Us

If you suspect that your spouse is abusing your child, you need to take decisive action. Contact a San Diego child custody attorney with Fischer & Van Thiel, LLP, at 858-935-6211 to learn more about how we can help your family at this difficult time.


Identifying Domestic Violence

Identifying Domestic Violence

Domestic violence, also known as spousal abuse, can happen to anyone at any time. But the problem is sometimes overlooked when men or women fail to recognize dangerous behavior or simply deny that there is a problem. This is especially true in cases where the abuse is more psychological than physical. That is why it is important to make sure you understand the warning signs of abuse so you can protect yourself from a potentially harmful individual.

Abuse can take many forms: physical, sexual, psychological, financial, or emotional. All of it is done with the intent to gain power and control of a person’s partner. If you have experienced any form of abuse in your relationship and would like to speak with an experienced legal professional regarding divorce, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP at 858-935-6211.

Signs of Abuse

The following are common warning signs of an abusive relationship:

  • Humiliation
  • Fear
  • Violent temper
  • Excessive jealousy or possessiveness
  • Controlling
  • Forced to have sex
  • Destruction of your belongings
  • Limiting one partner’s access to money, the phone, or the car

The above list outlines some of the underlying behaviors that many abusers share but it is in no way an exhaustive list. Of course, physical and sexual abuse, or any other form of physical harm, should be immediately reported since the situation can escalate to dangerous levels. Though emotional abuse may be harder to identify, it can be equally as painful.

Contact Us

By hiring a compassionate lawyer to help with your divorce, you can make sure you stay safe during the proceedings and get out of this toxic relationship in the best manner possible. For more information regarding your legal rights, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP at 858-935-6211 today.

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Domestic Violence The Male Only Myth

Domestic Violence – The Male-Only Myth

Domestic violence is often an uncomfortable subject to discuss. Few people are willing to study the causes, effects, and conditions associated with domestic violence, and even fewer victims are willing or able to speak out about their personal experiences with abuse. As a result, the public’s view of domestic violence is often skewed by unreliable sources, unsubstantiated myths, and unfounded judgment.

It’s easy to see where this myth originated. Statistics do show that men are much more likely than women to be the aggressors in an abusive relationship, for two major reasons. First, men are simply more physically imposing than women. Intimidation is a major factor in most cases of domestic violence.

Second, we live in a culture where men are traditionally dominant and women are traditionally submissive. Although great steps have been taken towards equalizing the male-female relationship in today’s society, a certain misogynist prejudice still exists. This is the “rationale” operating in the minds of many male abusers – the lingering idea that women ought to be subservient and obedient to men.

However, it is important that we realize that the reality of abuse is not gender specific. Though men are more likely to be aggressive, women are just as capable of initiating an abusive relationship. Domestic abuse is more than physical; a pattern of verbal put-downs is present in the vast majority of abusive relationships. Furthermore, statistics have shown an rising trend in abuse in homosexual relationships for both men and women, disproving the idea that abuse must be from husband to wife.

To learn more about the realities of domestic violence, contact San Diego family lawyer from Fischer & Van Thiel today at 858-935-6211.

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Leaving An Abusive Relationship

Leaving an Abusive Relationship

Leaving an abusive partner is an extremely difficult experience on many levels. It is emotionally trying, physically difficult and financially risky. If you are thinking about leaving an abusive relationship, here is some advice for making this difficult transition.

Collect Evidence

Physical evidence of any abuse can help you build your case when you seek a divorce or a restraining order against your abuser. If you are gathering evidence, make sure to store it in a place where your abuser can’t find it. If it is possible for you to open a safe deposit box, this may be your best option. Evidence can include photographs of your injuries (preferably dated), police and medical records, broken items and written accounts. Keep a detailed journal of every violent incident you experience.

Look to the Future

Secure a safe place to go to. It can be the home of a friend or family member. If you need shelter, the National Domestic Violence Hotline (1-800-799-SAFE) may be able to help you find shelters and services in your area.

Plan your escape. It is usually best to leave when your abuser is not present. If possible, try to pick a time when he or she will be at work or otherwise occupied. If you have children, make sure they know the plan. Emphasize that their job is to protect themselves, not you.

Contact Law Enforcement

Contact the police about obtaining a restraining order. California offers Domestic Violence Restraining Orders, which will make it illegal for your abuser to come within a certain distance of you. Other states have different names and regulations, so be sure to research your options.

Seek Legal Assistance

If you want to leave an abusive relationship and need legal guidance, contact San Diego domestic violence attorneys Fischer & Van Thiel at 858-935-6211.

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Abusive Marriage

Abusive Marriage: How to Get Out

Domestic violence is not pretty. Abusive marriages are more prevalent than most people believe. Abuse in a marriage can hide for a very long time and even friends and family can be completely oblivious. Unfortunately, people who are trapped in an abusive relationship often feel that they have no one to turn to for help.

If the abuse has not yet reached a physical level, the person getting abused may question themselves if they are really being abused, which can greatly damage their self esteem and confidence.

However, there is hope. There are several ways to get out of such a damaging relationship and situation. Firstly, confidence needs to be rebuilt. A key part of confidence is independence, and the only way to gain your independence in a psychologically vulnerable state is to have friends. Friends can help you do what’s right for yourself, when you cannot objectively see your situation.

Next you need to realize your situation and be willing to do something about it. You are worth more than such a relationship, and you can have a better one. Getting a divorce can be the best way out of an abusive relationship.

Speak with a San Diego Domestic Abuse Attorney

If you or a loved one is involved in a domestic abuse case, is trying to get out of a marriage, or needs a divorce, contact a San Diego domestic abuse lawyer of Fischer & Van Thiel, LLP. Speak to us at 858-935-6211. We can get you the help you need.

Child Abuse Statistics

Child Abuse Statistics

Child abuse is one of the biggest problems facing the American family today. While we’re almost all familiar with news stories of kids being beaten and abused, we are often blind to it when it happens closer to home, without the dramatization of the news story. The only people who can prevent child abuse are well-informed and responsible adults. If you suspect that your spouse is abusing your children, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP by calling 858-935-6211 today.

The Statistics

Every year, about 3 million reports are filed concerning child abuse and other forms of child neglect. However, these reports can concern multiple children. In 2007 alone, 5.8 million children were involved in 3.2 million reported cases of child abuse. And these numbers do not even tell the whole story, as there are numerous cases of child abuse and neglect that go unreported every year.

Additional, shocking child abuse statistics are as follows:

  • Approximately five children die every day as a result of child abuse.
  • A report of child abuse occurs every ten seconds.
  • About 90% of child sexual abuse victims know their attacker; approximately 68% are related to their attacker.
  • Over 60% of the people in drug rehabilitation facilities were abused as children.
  • About 80% of people in their early 20s who had been abused as children have at least one psychological disorder.
  • Child abuse costs taxpayers over $100 billion every year.
  • Children who have been the victims of sexual abuse are several times more likely to develop alcohol or drug dependency problems.

Contact Us

If your spouse or partner is abusing your children, it is your duty to do something about it. If you’re interested in finding out more about your divorce options in this situation, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP by calling 858-935-6211.

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Domestic Abuse

Domestic Abuse

The sad fact is that abuse is a constant problem in our society. No matter what inroads we make towards a fairer, more equitable society, abuse is always lurking in the shadows, preying on people too afraid or confused to come forward and admit to being victims. One of the reasons that domestic abuse is so underreported is that many people who are being victimized by their spouses or partners don’t realize that they’re being taken advantage of.

Abuse is actually a very broad term that describes one person being repeatedly harmful in their treatment of another person. This can extend beyond the more traditional bounds of physical abuse and into emotional abuse as well. Just as physical abuse can leave scars and marks on the body, emotional abuse can leave scars on the psyche. People who are the victims of systematic emotional abuse can have long-lasting mental health issues which can take many years to successfully treat.

Recognizing the Signs of Abuse

It’s important that everyone be familiar with the tell-tale signs of abuse in order to know when you or someone close to you has been a victim. Typical signs that your partner is abusing you include:

  • He or she frequently hits you or threatens to hit you.
  • He or she shows signs of jealousy towards the other relationships in your life.
  • He or she criticizes you constantly, often for small things.
  • He or she threatens you.
  • He or she purposely humiliates you in front of other people.
  • He or she does not treat your property with respect.

Contact Us

If you are in a marriage with someone who exhibits these signs of abuse, divorce may be the best option. To find out more, contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP, by calling 858-935-6211 today.

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Emotional Abuse

Emotional Abuse

Domestic abuse is unfortunately very common in America. Whether the domestic abuse is physical violence, sexual assault, or emotional abuse, they take their toll on people and families. Families can only survive when there is trust between all the members, and in emotional abuse cases, that trust does not exist.

Perpetrators of emotional abuse usually use certain tactics to run down their family member or spouse and make them feel badly about themselves:


Most abusers choose to first isolate their victim so that they have no one to turn to. With no friends and little input from other people, the victim’s view of the world and themselves can be greatly skewed. They may lose confidence in their ability to think objectively about their situation and feel that they are making everything up.


Degrading their victim only gives the abuser more power over that person. Taking away someone’s self confidence and self respect can put them in a vulnerable position and allow them to be easily manipulated.


It is common for abusers to threaten and intimidate their victims so test their power over them. They will also blame the person for any mistakes that are made, making them feel extremely guilty and worn.

Talk to a San Diego Domestic Abuse Attorney

If you or a loved one is involved in a domestic abuse case and need legal help or advice, contact a San Diego domestic abuse lawyer of Fischer & Van Thiel, LLP. Speak to us at 858-935-6211.

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Restraining Order

Restraining Orders

Every year, millions of Americans are affected by domestic abuse. Fortunately, there are laws in place that can help victims avoid further domestic abuse. One of the most common ways the court can aid victims of domestic abuse is by ordering a restraining order against the abuser.

Restraining orders-also known as orders of protection, among other names-make it illegal for an abuser to continue contact with the abused. This includes physical contact with the abused, but can also extend to communications like phone calls and emails. Often these orders also prohibit contact with the victim’s children and even the children’s schools and doctors.

Other Ramifications of a Restraining Order

In some jurisdictions, people under a restraining order can be ordered to hand over any firearms and ammunition they might have. Restraining orders in some place can make abusers subject to regular drug tests. They might also be required to undergo drug and/or alcohol counseling. Domestic abusers might also be forced to undergo counseling for their behavior.

Sometimes abusers are also required to pay towards medical bills, property damage, or ongoing shared debts like mortgage payments. Sometimes the victim can be awarded sole control of shared property like houses and vehicles.

The penalties for violating a restraining order can be severe. In cases where the order prohibits the abuser from going within a specified distance of the victim, for example, the victim can take legal action against the abuser for getting too near. If the abuser assaults the victim, of course, the restraining order only compounds the offense.

Contact Us

If you are attempting to escape domestic abuse, a compassionate divorce lawyer can help you file for a restraining order. Remember that you do not deserve to be abused and that you are not alone. With the help of an attorney, you can keep your abuser at a distance and end legal ties between you. Call the experienced Oceanside divorce lawyers of Fischer & Van Thiel, LLP today at 858-935-6211.


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