Divorcing in the Midst of Domestic Violence

Posted on : January 5, 2016
California Domestic Violence Attorney

Unfortunately, domestic violence isn’t as rare in California as we would like it to be. Many adults and children suffer from¬†domestic violence, and it can be difficult to find ways to end the situation. If domestic violence has led you to seek a divorce, how you proceed can make a significant impact on your case. Here’s what you need to know about divorcing in the midst of domestic violence.

Get to Safety

The most important thing you can do when you’re in a violent situation is get yourself — and your children — to safety. Contact your local law enforcement or domestic violence center to learn how you can remove yourself from a violent home as quickly as possible. You may also be able to get a protective order that makes it illegal for your spouse to contact you or come near you.

Keep Diligent Records

If you do communicate with your spouse, it’s critical that you keep diligent records of every communication that transpires. Your spouse may make threats against you or your children, and it’s important that these be written down with the time and date they occurred. You may also want to take photos of any physical evidence of the abuse. It’s a good idea to visit your family doctor or a hospital to ensure that you receive the medical care you need and that there are formal records noting the abuse.


If there’s any question of whether you should write something down or take a picture, go ahead and do it. You can always delete these things later if they’re not necessary to your case, but you can’t go back after the fact.

Contact an Experienced Domestic Violence Divorce Attorney

When going through a divorce that was initiated by domestic violence, it’s important to have a compassionate, understanding attorney on your side who can guide you through the process. Not only is being the victim of abuse overwhelming, going through the legal system can add salt to the wound.


At the Law Office of Barbara E. McNamara, we can help you with the different aspects of your domestic violence and divorce cases, both where they overlap and where they are separate. Contact us today for a one-on-one consultation to discuss your unique needs by calling (714) 740-2542.

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