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What is Considered Domestic Violence

What is Considered Domestic Violence?

What is considered domestic violence? Most people have some kind of idea what’s involved, but it’s actually a broader topic than most expect. 

Here are the different types of domestic violence, along with a short explanation of each. 

Types of Domestic Violence

Physical Abuse -This is probably what most people think of. It’s any physically aggressive behavior, threat of physical harm, indirectly harming someone physically or withholding physical needs from someone. Threats, punches, denying food or sleep, and holding people hostage all come under this type of abuse. 

Emotional Abuse – This is any kind of behavior that exploits another person’s vulnerability, security or character. One example is insulting or criticizing someone to lower their confidence and self-esteem. Regularly ignoring or neglecting the victim’s needs also falls here. Telling someone they’re mentally unstable or incompetent is emotional abuse. 

Control – This is when one person maintains dominance over the victim. They control the victim’s behavior and believe it’s perfectly justified. One example is not giving the victim freedom with the types of clothes or hairstyle they wear. They may invade the victim’s privacy by never giving them time alone. Sometimes children are used to help control the victim parent by using them as spies or threatening to harm the child. 

Sexual Abuse – This is forcing sexual behavior on someone or using sexual behavior in an exploitative fashion. Sometimes it can be using force or manipulation to make the victim partake in sexual activities with other people or do things they don’t want to. In addition to these, it could be engaging in sexual activity with someone who can’t consent, for example if they’ve used drugs or are asleep. 

Isolation – Similar to control, this keeps the victim from seeing people they want to see. By keeping them socially isolated, the victim doesn’t get to see that the rest of the world wouldn’t agree with the types of abuse the victim is suffering. The victim is often told things to make this behavior sound okay by saying things like “if you really loved me, you’d want to spend time with me instead of your family or friends.”

Verbal Abuse – Somewhat self-explanatory, this includes any language used to threaten, embarrass or unfairly criticize the victim. Maybe the victim is being called names, or are constantly told they are undesirable or ugly. This could also include constantly be yelled at, or never talked to. Threats to hurt or kill the victim or their loved ones is also considered verbal abuse. 

How do I Know if This is Domestic Violence?

People involved in domestic violence situations don’t always know it. They may realize they’re being abused, but don’t consider reporting it to the proper authorities. 

If you know someone who seems like they’re being abused (including yourself), the best thing you can do is talk to someone who understands the subject. You never know until you ask, and it’s important to resolve these situations as early as possible. The longer it goes on, the more harm will be done to the victim. 

We’re here for you, click here to contact Von Esch Law today. 

Child Custody

Child Custody 101 – The Different Types of Custody

This Child Custody 101 article was crafted for one thing – to help simplify a complex subject. By the time you’re done reading this article, you’ll have a better understanding of the terminology often used when referring to the subject. 

Legal Custody vs. Physical Custody

This is a big one, so let’s start with it. At a high level, there are two types of custody – legal custody and physical custody. Legal custody refers to the parent’s responsibility to make decisions regarding the child’s health, education and overall well-being. Physical custody is just like it sounds – it refers to who lives with the child. 

Within those two buckets are several types of custody. Here are the most common.

Sole Custody of a Child

This parent is solely responsible for the child. This means exclusive physical and legal custody. The parent without custody has limited access to the child. This is often called visitation. 

Note that visitation doesn’t mean the parent can only see the child on rare occasions. It just means they don’t have the right to make decisions regarding where the child lives or things like education or the primary physician. 

Joint Custody of a Child

Joint custody means both parents have rights and responsibilities to care for the child. The first thing that may come to mind is a 50/50 split. In reality that’s difficult for everyone, so usually the responsibilities and time spent with the child lean more towards one parent than the other. Ideally, the time would be split as evenly as possible, and both parents would participate in major decisions affecting the child. 

Click here to read more about child custody laws during the holiday season.

Alternating Custody

This is where the parents alternate taking care of the child. For example, it may be that the mother keeps the children for 5 days a week, and the father keeps them for the weekend. Or maybe they stay with one parent for 3 days, then go back to the other parent’s home for another 3 days. Every family has a different arrangement that works for them. What’s important is that it works for everyone and both parents are still involved in the child’s life. 

More Types of Custody

Most situations end up in one of the situations listed above. Here are a few others that sometimes occur. 

Bird’s Nest – This is where a child lives in the same home all the time and the parents move in and out. The benefit is more consistency for the child but can be hard on the parents. 

Serial – This is where a child lives with one parent for a certain period of time (Ex: until they’re a teenager) and then they move in with the other parent for a certain time increment. 

Third-party – If the courts determine the parents are unfit to care for the kids, they can grant custody to another family member such as an aunt, uncle, grandparent or older sibling. 

Split – This is usually seen as a last resort, as it is hard on the entire family. Split custody is where one parent takes some children, and the other parent takes the others. This is difficult because children benefit from being with their siblings. Even if their parents have joint or alternating custody and the children are constantly moving from one parent’s home to the other, at least they always have each other. Split custody removes that and makes things complex. 

Do you have a question about the different types of custody? Click here to contact Von Esch Law today!

Father’s Custody Rights in California

In regards to kids and their parents, parents have legal rights to maintain the relationship with them. These California laws see that both the mom and dad have the same chance at being close with their kids. Also, California laws have been implemented so that the California courts or other government representatives will not be allowed to interject in the relationship between a kid and parent unless highly needed for the protection their kid. In regards to the father’s custody rights or child custody cases in California, California family law courts utilize the highest quality interests of the minor as the standard.

The Result of a Dad in a Kid’s Life

Often times, the mom is seen as the first provider and highest on the totem pole in a kid’s life. Studies have recently found that a dad or father figure also has a great effect on emotional developments and on a kid’s childhood. Many dads are known as the caring one and effective at disciplining the child. The involvement of the dad in a kid’s life makes a huge impact on how this child develops social skills, language skills and also affects cognitive development. Fathers who are supportive and loving have been shown to have a positive effect on a kid’s life.

Establishing Paternity in the State of California

When it comes to establishing a father’s paternity, it means either a child’s parents or the government has determined that a specific male individual is the kid’s father. In some cases, California law assumes the identity of the child’s dad, such as:

-When a kid is born into the wedlock and the mom’s husband is considered the kid’s dad.

-When a kid is born and a male has been in the home with the kid’s mom and acts as family, has committed to the kid, and is seen as the kid’s dad even if they aren’t related biologically.

-The kid’s fatherly needs to be known when these two circumstances are not currently happening in the home.

Click here to learn whether children have a say in child custody arrangements!

Parents should sign a voluntary declaration of paternity to make the child’s paternity known. The medical provider needs to provide the mom and the alleged dad the correct information when it comes to time sign this voluntary declaration form when a mom who is not married delivers the baby in a medical setting. During the signing of this form, both the mom and dad need to state that they are the parents to the kid. The dad’s name is legally written and signed on the birth certificate. The dad then is responsible to this kid when this is finished.

The kid may or may not be acknowledged as a party in this paternity action case if he or she is below the the age of twelve. But he or she will be considered a party in this case, if they are above the age of twelve. The court may assign a representative for the kid in these two circumstances. This person appears in court on the kid’s and represents what will most likely be in the kid’s best interests.

Do you have a question about child custody laws? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

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6 Reasons a Parent May Lose Custody of a Child

There are a number of reasons a parent might lose custody of a child. Some might be pretty obvious, while others may be a bit more surprising. In general, a parent will lose custody of a child in cases of abuse, neglect, or other findings related to domestic violence.

Here are six different reasons a parent might lose custody of a child.

Abuse: One of the most common reasons a parent loses custody is due to abuse. There are a variety of types of abuse. One is physical, which can lead to burns, wounds, and scars. Often, abusers will use their hands or other objects to cause injury to a child.

No matter the jurisdiction, the law is very clear. Abuse that is reported to the proper authorities is a legitimate reason for a parent to lose custody. Oftentimes, parents who have been convicted of child abuse can lose both physical and legal custody of children and might have their parenting time severely limited, or even cut off entirely.

Click here to learn facts about child custody agreements!

Abduction: Those who choose to abduct a child can also lose custody depending on the case and where the crime took place. Some parents who choose to abduct their children can lose legal or physical custody of them depending on the circumstances.

False Allegations: Even though abuse is a well-known way to lose custody of a child, false allegations of abuse can also lead to a loss of custody. A parent that knowingly lies about allegations of physical or sexual abuse can lose custody, depending on how serious the allegations are.

This is a serious issue because the law is very clear on punishing people who try to interfere with the other parent’s lawful contact with their children by making allegations of abuse. Courts have no problem taking custody away from a parent that makes false allegations to protect the health and safety of the children involved.

Neglect: Neglect is another reason a parent might lose custody. This type of abuse centralizes around a failure to act where a child might not be getting the food and care he or she needs. Parents can lose custody by neglecting their children if a court finds the child was endangered in any way, especially if the neglect is ongoing. However, neglect can be hard to prove since it can be difficult to pick up on unless someone regularly sees the children.

Domestic Violence: Domestic violence can lead to a parent losing custody of a child if the court finds it appropriate. This topic is pertinent because it usually comes up in a family law case where questions about abuse and neglect of a child are already present.

Violation Of Custody Orders: Violating orders related to the custody of children can also be a way to lose further custody, depending on the actual mechanics of the case. Violations of these types of orders can be very mundane, like being late for an exchange, to something more willful, like making a decision without talking to the other partner.

Do you have a question about child custody in California? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

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4 Ways to Protect Your Children During a Divorce

A divorce is difficult for any family, especially when there are children involved. Family law can be a difficult subject which is why you want the best attorney who understands your situation and can be sensitive to your family’s needs. Our attorneys are experienced and knowledgeable about the intricacies of family law cases and can help you! If you are currently dealing with a divorce, take a look at ways to protect your children during the process!

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