Family Law Blog

When to Use Witnesses During a Family Law Case

Friday, December 28, 2018

A family law case, be it divorce, child support, or anything else, is different than other areas of the law. It doesn't dole out punitive punishments for a crime, nor does it really award financial gain for the circumstance. However, like other areas of the law, a family law case can benefit from the testimony of a solid witness towards your character.

What can a witness do for your family law case? Much of family law depends on how you present yourself before a judge so they can make their judgment. How good of a parent were you? How good of a spouse? Witness testimony as to your character can help shape the opinion of the courts.

However, you need to choose your witnesses carefully. In most cases, family members are not allowed because they likely have certain biases. However, you want witnesses with firsthand accounts. For example, if your spouse beats you, your best friend may have seen the beating while a trusted colleague may have only seen the result of the beating. It is best to choose the friend that saw the beating because their account is a firsthand account and not just what you told them. Similarly, you would want to choose a nanny who saw both parents interacting with children rather than a friend that only saw how you were with them. These witnesses are the most powerful.

No matter what witness you choose, they are bound by law to be honest with the court and to act neutrally in their answers. If you want things to go your way, you are best finding a skilled lawyer to do so. If you are going through a family law case and need help, contact us today. The Law Office of Jamra & Jamra is dedicated to helping families get the best possible outcome for their cases.

Why Domestic Violence Victims Stay

Friday, February 16, 2018

People who deal with domestic violence are victims. Often, they live their lives in fear. Fear of the person who is supposed to love them the most. Fear of the unknown. Fear of leaving.

If you have never been a victim of domestic violence, you have no idea. Most people just think that they should leave. However, most of the time they don't and here are some reasons why.

Love. Most of the time, victims of domestic violence still love the person who is hurting them. They might not love them much at the moment, but they can easily recall why they loved them before!

Family. Often, there is a family involved, with children. Victims may stay because they don't want to break up their family. While some people leave because they fear for their children's lives, others don't want them to miss out on a relationship with both of their parents.

Money. Money is often a controlling factor when it comes to domestic violence. One partner may have all of the money so the victim has nothing to use to try to get away. They don't have any money to start a new life (or even get on the subway to run away).

Isolation. Most victims of domestic violence push their friends away so that they don't know what is going on. By the time that they want to run, they have no one to turn to. There is no one left to help them get away.

Shame. Many victims feel complete shame. They don't want others to know that they were so weak and were abused. For this reason, it is easier to stay with someone who hurts them than it is to walk away.

However, it doesn't have to be this way. Victims of domestic violence are stronger than they even imagine. They can leave, as long as they have help and support. If you are a victim, we will help you get out of your situation so that you can have a better life. Be sure to contact us for all of your legal needs.

Types of Domestic Violence

Friday, February 09, 2018

When people think of domestic violence, they think about a wounded woman cowering on the floor with her husband screaming or even hitting her. However, it doesn't have to get physical to be considered domestic violence.

Here are some types of domestic violence.

  • Physical abuse. Most people think of physical abuse when they think of domestic violence. It is common, though it is not the only way that you can become a victim of domestic violence.
  • Emotional abuse. Not all victims show their scars on the outside. Actually, it is even worse when others can't see them. Though many people don't really believe in emotional abuse, it can be the hardest one to bear. Many abusers treat their victims like they are worthless until they start to feel like they are.
  • Sexual abuse. Even if you are married, you shouldn't be forced to have sex. Whether you are forced to have sex when you don't feel like it or you are forced to do something sexually that you are not comfortable with, you are being sexually abused.
  • Financial abuse. It is a form of domestic violence when a person controls their victim through their money. While many people think about the man working so that the wife can take care of the children, they should both have a say in how the money is spent. However, with financial abuse, the man (or either partner) would control every penny that the other one spends, no matter who made the money.

If you or someone that you know is being abused in any way, it is time to get help. Help yourself (or them) today. Don't wait or it might be too late! Contact us for all of your legal needs. We will help you get a better life!

Family Law Attorneys Can Help with Domestic Violence Accusations

Thursday, March 03, 2016

Have you or a member of your family been accused of domestic violence? Are the accusations false? Does the accuser have unscrupulous motives? Are you guilty of the crime?

If you answered yes to any of the above questions, you deserve legal representation here in California.

The fact of the matter is, people are often accused of crimes and are wrongfully punished for aspects of that crime that could have been defended against.

Even if you are guilty of a crime like domestic violence, a family law attorney can aid you in your case, defend you, and change the outcome of your impending charges.

Because the outcome of your case is important to your future and your freedom, mounting a defense that works for you is the first thing on the mind of a qualified attorney.

Additionally, the more you know about the charges related to your case, the better off you will be.

For instance, just because you are arrested for felony domestic violence charges, there's no guarantee that you will be charged with a felony in court.

Felony domestic violence charges are often dropped to misdemeanor levels in California, so long as you have a defense attorney working for you.

Because charges related to domestic violence are quite serious, it is in your best interest to work with a defense attorney on your case.

It is a proven fact, people who hire a defense attorney to argue their domestic violence case for them are less likely to serve extended sentences and pay hefty fines.

If you have been accused of domestic violence, please contact us today. We will listen to your concerns and offer support and guidance through this challenging time.

Exposure to Domestic Violence Increases Risk of Migraines in Children

Monday, June 01, 2015

Children who are exposed to to domestic violence, or any other kind of trauma even during childhood, may have a much higher risk of developing migraines as adults.

According to a Canadian study, exposure to any kind of traumatic event during childhood, including parental domestic violence or other types of abuse, could increase the risk of migraines during adulthood. Children, who reported experiencing childhood physical abuse, sexual abuse, and witnessing parental domestic violence, were found to have a migraine risk as adults that was three times as high in the case of both males and females.

What the researchers found really astounding was the very strong association between exposure to parental domestic violence as children, and the risk of migraines as adults. Those who witnessed violence as children had a 62% greater risk of suffering migraines as adult women, compared to those who had no history of parental domestic violence. Among males, the risk increased to a 52% higher risk as adults.

If you are currently experiencing domestic violence in the home, speak to a San Jose family lawyer about steps that you can take to protect yourself, and the safety of your children. The first step is however to firmly decide that you do want to take steps to preserve the safety of your family. Prolonged domestic violence can result not just in serious injuries and trauma, but also death.

Fortunately, you can get a restraining order that prevents the abusive spouse or partner from contacting you. Talk to a family lawyer in San Jose about whether you qualify for a domestic violence restraining order. Remember, if you do not qualify for a domestic violence restraining order, there may be other types of legal actions that you can take to prevent the harassment.

Domestic Violence Rates Higher among Same-Sex Couples

Tuesday, September 23, 2014

According to new literature, domestic violence rates are either the same or slightly higher among same-sex couples, compared to heterosexual couples.

Earlier studies have also indicated high rates of domestic violence in the homosexual and lesbian communities. According to previous studies, domestic violence rates as high as between 25% and 75% of persons in the lesbian, homosexual and bisexual category. However, it's hard to arrive at established figures as far as violence in this category is concerned. That's because is there is a lack of accurate or representative data. There is widespread under reporting of abuse and domestic violence among lesbians, gays and transgender couples.

Very often, people who identify themselves as sexual minorities are simply not comfortable about coming out in the open about the problems in their relationship. Besides, these relationships tend to be under a lot of stress because these people are sexual minorities. Individuals aren't comfortable about coming out about the violence and abuse that is going on in their lives.

Both males and females may hesitate to report the violence because of fear of discrimination, due to their sexual orientation. They also fear that they will be abused further by the partner, or be blamed for the abuse. In other cases, people who are in such abusive same-sex relationships haven't really come out about their sexual orientation to people like their family members. They don't want to come out to family members, via a domestic violence incident.

In California, victims who face domestic violence or abuse can take out a temporary restraining order that limits the violence perpetrator’s access to the victim. If you are currently being subjected to abuse or violence at home, speak to a family lawyer in Los Angeles about getting a restraining order and protecting yourself.

Couples Who Smoke Marijuana Less Likely to Be Involved in Domestic Violence

Thursday, August 21, 2014

California's weed users will find the results of a new study encouraging. The study found that couples, who smoke marijuana, are much less likely to be involved in domestic violence incidents.

The study involved a small representative sample of 634 couples. The study analyzed some of the findings about domestic violence among couples who used marijuana. The analysis found that the more often the couple smoked marijuana, the less likely they were to be involved in domestic violence. The most frequent use of pot by couples led to less frequent domestic violence incidents perpetrated by husbands. Frequent marijuana use in this case refers to use that was equal to approximately 2 to 3 times per month or more.

Husbands who used marijuana also reported that there was a lower incidence of domestic violence incidents perpetrated by wives. When both the spouses used marijuana very frequently, couples reported the least incidents of domestic violence perpetration. According to the researchers, marijuana is probably linked to lower levels of aggression towards a spouse or partner. It is also possible that couples who smoke pot together have very similar views and values, and move around in similar social circles. That means a much lower risk of conflict automatically.

If you are currently in a situation where you are being subjected to violence by your partner, take legal action. In a situation like this, you can apply for a protective order, or domestic violence restraining order. You do not have to be married to your partner to apply for a protective order. Speak to a family lawyer in Los Angeles about protecting yourself and your family from violence.

Financial Abuse Is Closely Tied to Domestic Violence

Friday, July 25, 2014

Victims of domestic violence are very often unable to escape the vicious cycle they are trapped in, because they're financially abused by their partners. Hiding money from the wife, denying access to money, and other types of financial abuse is very closely linked to domestic violence.

According to the National Network to End Domestic Violence, different types of financial abuse make it difficult for women to go out and seek help. Women, who are in a situation where they are being constantly threatened or abused by their partners, have no options to help escape their unfortunate situation. However, when they have no access to finances or resources, it makes it that much harder for them to seek help. A controlling and abusive husband will try to limit the wife’s access to money. He will try to damage credit ratings, or may get her fired from her job. He may hide money from her, and may steal her debit cards, conveniently “losing” them when she wants them back. All these tactics are used to browbeat the wife down into submission, and prevent her from going out to seek help against domestic violence. If you are in a situation like this, speak with a domestic violence lawyer in California to learn about your options.

Recently, a new study released by Rutgers University School of Social Work, evaluated a widely used financial education program for survivors of domestic violence. The program is called Moving Ahead through Financial Management Curriculum, and offers help for survivors to deal with the financial challenges of exiting an abusive or violent relationship. Program attendees are taught to use resources for dealing with loans, child support, and credit scores. The study found that women who were very attentive and women who attended the program benefited from enhanced financial literacy, and had a different attitude towards their finances. Over time, when these women exited their violent relationship, they were actually able to do much better, compared to women who did not attend such a program.

“Hangry?” You Might Want to Avoid a Conversation with Your Spouse

Friday, April 18, 2014

We’ve all experienced it at some point. When you're hungry, your irritability and anger levels simply skyrocket. Those high levels of anger when you're hungry actually have a new name - “hangry.” According to new research, such hunger-induced irritability could also lead to marital conflict.

The researchers evaluated a group of married couples, and followed them over 21 days, during which time the couples’ blood glucose levels were monitored every night. They found that blood glucose levels were actually a very clear indicator of how angry the person would be with their spouse. Persons with low blood glucose levels- an indication that they were very hungry and needed a meal - were much more likely to be hostile with their spouse.

The researchers actually found that there was a link between low blood glucose level and aggression. In other words, it is highly likely that low blood glucose levels are linked to marital conflict, and contribute to domestic violence incidents. The researchers measured aggression by giving the subjects voodoo dolls representing their spouse, and asking them to stick pins in their dolls. The lower the blood glucose levels, the higher the number of pins that the subjects stuck into their dolls.

Sometimes, marital conflict or even an incident of domestic aggression may simply be the result of a body that is starved for fuel. Glucose fuels the brain, and when there's a shortage of glucose supply to the brain, there is a risk of not just aggression, but also irritability.

All in all, it’s just not sensible to pick up an argument with your spouse around meal times.

Domestic Violence Rates Higher in Police Families

Wednesday, January 22, 2014

The rates of domestic violence, murder and suicide are higher among the families of those people who are entrusted with the responsibility of preventing such crimes in the general population. According to an analysis of data by researchers at the University of Utah, the rates of these offences, including domestic violence, were much higher among police families.

According to the researchers, over the past decade, they have been researching murder-suicide trends, and in the course of their research, they have analyzed as many as 730 murder-suicides across the country. In their analysis, the researchers found evidence of something called” suicide contagion,” in which a person who is considering suicide, believes that his family will be devastated by his suicide, and therefore, goes ahead and murders his other family members.

Many of these cases, according to the researchers, have family issues, like entangled or disturbed relationships, at the core of the issue. Usually, there is a spousal estrangement, divorce, separation or evidence or some other family law-related matter that is to be found at the root of such incidents. The researchers say that the number of incidents that their data analysis has thrown up does not even constitute the tip of the iceberg, and that there is much more data to be analyzed from around the country. They plan to continue their studies into such domestic violence and homicide risks in the police force across the country.

The researchers also believe that domestic violence rates are higher in police families, because officers very often do not know who to ask for help with a family-related problem, or believe that asking for help could be misconstrued as a sign of weakness. Society very often expects police officers to be robotic, in control of their emotions all the time and always on duty. People seem to forget that officers are human beings, and could be going through family issues at home that could affect their psychological state of mind.