The Family Law field is a broad and complicated one, and it covers a wide range of legal matters that involve relationships between spouses and domestic partners. While many people associate family law with divorce and child custody, it can also cover issues relating to adoption, adoption support, property rights, or other similar situations.
Whether you are considering becoming a family lawyer or you already have a career in the field, it is important to understand how domestic violence can affect your work and your clients’ lives. Here are some key things you should know about the impact of domestic violence in family law cases:
Family Court Cases & Restraining Orders
When you file for divorce or custody, you may be asked to submit a report about domestic violence. This can be a scary and intimidating step, especially if you have been the victim of abuse or if your children are in danger. A good family law attorney who is specializing in domestic violence case can help you navigate this process and protect your rights.
You may be able to request a restraining order from your ex-spouse or partner, and if it is granted you can then use it as evidence in your custody dispute or as a basis for filing a motion for child custody. You will need to prove that you have been the victim of abuse or a threat of abuse by your ex-spouse and/or their current partner and that it has harmed you or your children.
If you have been a victim of domestic violence, you can request a restraining order that prevents your ex-spouse or partner from making any contact with you and/or your children. This could include physical violence or sexual abuse.
A restraining order is also an effective way to prevent your ex-spouse or partner from visiting with your children during or after the divorce. It can be a difficult and expensive process, and you want to make sure you have an experienced Dade County family attorneys on your side who can make it happen quickly and effectively.
Mediation in Divorce and Custody Cases
With the recent passage of the California Civil Practice and Remedies Code (COVID), mediation has become more common for divorce, child custody, child support, and other family law cases in the state. It is much easier for judges and lawyers to reach a resolution in mediation than it is in the courtroom, and there are many options to choose from, including videoconferencing.
This makes mediation an attractive option for family attorneys who may be reluctant to take their cases into the courtroom, particularly if they have been accused of domestic violence or a child abuse charge. The mediation process can be helpful in reducing emotional stress for all parties involved and can result in more cost-effective outcomes than going to trial.
If you are considering a career in family law, start looking into law schools that offer specialized programs in the area. These schools often have faculty members who are experts in the field, and they can be a great resource for you as you consider your options. You can also try to talk to people who are currently practicing in the field for advice.