Knowing your rights may help you escape an unsafe home situation sooner

California law has many strong protections for victims of domestic violence. If you have been abused by a domestic partner, you can and should get help from a qualified domestic violence attorney such as Torrence L. Howell now. Your attorney will be able to guide you through the process of a getting a restraining order, filing for divorce or separation, altering a custody agreement, or whatever else may need to be done to protect you and your loved ones from the abuser. Here are some important things that you need to know about California’s domestic violence laws.

You Don’t Have to Have a Visible Injury

First of all, remember that any form of abuse is unacceptable and you do not have to tolerate it. Under California Penal Code 243e(1), any infliction of force or violence on an “intimate partner” qualifies as domestic violence and can be prosecuted as a misdemeanor, even if there is no visible injury. An intimate partner could be your spouse, domestic partner, a dating partner, an ex, or the parent of your child.

You Can Get Spousal Support Before Winning a Case

Often, victims remain in unsafe situations because they believe they do not have the financial means to leave. If you are married, you can get the financial support you need to remove yourself and your children from the reach of your abuser by filing for a domestic violence restraining order. Under section 6314(c), a court can award spousal support as soon as you file, without waiting for the abuse to be proven.

You Can Break Your Lease Now

As of January 1, 2014, a new California law will make it easier to break your lease and move away to escape an abuser. Previously, a court order or police report was required to prove abuse and allow for termination of the lease without penalty. Now, however, a statement from a medical professional or domestic violence counselor attesting to the abuse will be sufficient, making it much easier to escape an unsafe environment quickly.

Your Job is Protected

For many years, the law has protected victims of domestic violence from certain types of workplace discrimination. For example, you cannot be fired or subjected to any other adverse job action for taking time off of work to get medical treatment or to attend to legal matters after suffering domestic violence. Now, a new protection has been added. As of January 1, 2014, your employer cannot fire you due to the disruptive and illegal actions of an abuser who you have a restraining order against. This new protection is designed to prevent scenarios such as an abusive ex-spouse causing a scene at your workplace from blowing back on you.