Domestic violence is a serious issue that should not go unaddressed. The problem of domestic violence can affect any family, even families involving the honorable men and women serving in our nation’s uniformed forces. Many states have enacted laws to help deal with domestic violence issues in family law cases. Cases involving military domestic violence can be a challenge as there are also federal laws one may need to consider. That is why it is vital for military families to seek an experienced military domestic violence attorney in Orange County for legal representation in such cases.
At Moshtael Family Law, you can benefit from a legal team with more than a century’s worth of combined legal experience in matters involving California family law, including issues related to military domestic violence. We are dedicated to protecting the safety and welfare of military families throughout Orange County by advising and advocating for their best interests in matters concerning military domestic violence.
Under California law, courts may issue special orders “to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.”
To protect persons against domestic violence, courts have the authority to issue the following orders:
In addition to the legal protections that the California Family Code affords victims of domestic violence, California law specifically recognizes acts of domestic violence to be criminal offenses. A person who is guilty of committing domestic violence can potentially face hefty fines and jail time.
Furthermore, a party who violates the terms of a domestic violence protection order may be criminally liable. Subsequent violations of the order warrant enhanced criminal penalties.
Domestic violence is also a major consideration in cases involving the determination of child custody rights between divorcing and separating parents. A court is obligated to evaluate any history of domestic violence when deciding on a custody arrangement that suits the best interest of any minor children involved.
Military servicemembers who commit acts of domestic violence are not only subject to civil and criminal repercussions but administrative consequences as well. The military protects against domestic violence through various provisions of the Uniform Code of Military Justice (UCMJ), laws that apply to all branches of the U.S. Armed Forces. Violation of the UCMJ can result in a court-martial and other severe penalties, including imprisonment in a military jail.
Provisions of the UCMJ that relate to acts of domestic violence include:
If you are concerned about domestic violence in a military divorce case, you should contact a knowledgeable and compassionate military domestic violence lawyer in Orange County. At Moshtael Family Law, we are dedicated to protecting the safety and wellbeing of military families who have suffered from acts of domestic violence. We will guide you through the litigation, explaining the legal implications of your case so that you can make an informed decision about you and your family’s future welfare.
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