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Restraining Orders (6)

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.

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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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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