Full question:
I have been in an abusive relationship for over 6 years now. Lately, it has reached levels where I actually have blacked out when he hits me. I was in it for so long only because I thought I could change him. I don’t see any point in saving the man. I fear for my life. Isn’t this ground enough for obtaining a divorce?
- Category: Divorce
- Date:
- State: California
Answer:
Domestic violence includes various types of abuse by a family member, household member, or intimate partner. If you are physically harmed, threatened, or made to fear for your safety, you can seek a court order for protection.
Based on your situation, you have sufficient grounds to obtain a divorce under California law. You will need to provide evidence of past assaults, such as hospital records or mental health evaluations, to support your claim of abuse.
According to the California Family Code, abuse includes:
- Intentionally or recklessly causing bodily injury.
- Sexual assault.
- Placing someone in reasonable fear of serious bodily injury.
- Engaging in behaviors that can be legally restrained.
Additionally, the court can issue protective orders to prevent further abuse, including restraining the abuser from contacting you or coming near you.
Once physical abuse is established, it significantly impacts decisions regarding child custody, visitation, and spousal support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.