Domestic violence is a heartbreaking and complex issue that touches many aspects of a person’s life—physical safety, emotional well-being, financial security, and legal rights.
When abuse occurs between family members or intimate partners, many people naturally turn to a family law firm for help.
While that’s often the right step, it’s important to understand that not all domestic violence matters fall within the scope of family law. Some situations are primarily criminal in nature and require the involvement of law enforcement or a criminal defense attorney—not a family law attorney.
In this article, we’ll clarify when domestic violence becomes a family law matter, when it doesn’t, and how the Family Law Firm of Leon F. Bennett can support you in finding the right legal path forward.
What Is Domestic Violence?
Domestic violence refers to abusive behavior between people in close relationships—spouses, former partners, co-parents, or household members.
Abuse can be physical, emotional, sexual, financial, or psychological. It may include:
- Hitting, shoving, or physical assault
- Threats, intimidation, or stalking
- Controlling behavior, isolation, or verbal degradation
- Coercive financial control
- Destruction of property
Because domestic violence often occurs within families or romantic relationships, people frequently assume it’s handled exclusively in family court. But that’s only partly true.
Criminal vs. Civil: Two Legal Paths for Domestic Violence
There are two different court systems that may address domestic violence, depending on the circumstances:
1. Criminal Court
When domestic violence involves criminal conduct—such as assault, battery, threats, or harassment—it is a criminal matter. Law enforcement investigates, and the district attorney decides whether to file charges. This can lead to:
- Arrest and prosecution of the abuser
- Criminal protective orders
- Jail time, probation, or mandatory counseling
Family law attorneys cannot initiate or defend criminal proceedings. That is the role of criminal attorneys and public prosecutors.
2. Family Court
Family law courts handle civil remedies related to domestic violence, including:
- Domestic Violence Restraining Orders (DVROs)
- Custody and visitation orders that prioritize child safety
- Divorce or legal separation where abuse is a factor
- Emergency protective measures related to family matters
Family court is focused on protecting victims and children within the scope of family relationships—not punishing criminal behavior.
When Domestic Violence Is Not a Family Law Matter
While family law plays a vital role in protecting individuals from abuse, there are clear limits to what it can do.
Domestic violence is not a family law matter when:
- There is no ongoing family court case and no need for one (e.g., no shared children, no marriage).
- The issue involves criminal prosecution—such as an arrest, criminal trial, or jail time.
- The victim is in immediate danger and requires emergency law enforcement intervention.
- The abuse does not involve a family or domestic relationship relevant under family law jurisdiction.
If you’re in physical danger, call 911 immediately. Your safety is the priority—and law enforcement is trained and authorized to respond quickly.
How a Family Law Firm Can Help
Even when domestic violence is criminal in nature, a family law practice may still be a critical ally—especially when the abuse occurs within a marriage, co-parenting relationship, or other family matter.
We can help by:
- Filing for Domestic Violence Restraining Orders (DVROs)
- Seeking emergency custody or visitation orders
- Filing for divorce or legal separation in the context of abuse
- Coordinating with criminal law professionals or victim advocates
- Advocating for your rights in family court and protecting your children
When to Call Law Enforcement or a Criminal Attorney
You need law enforcement or a criminal defense attorney when:
- There has been a physical assault or threat
- You want to press charges or have been arrested and accused
- A criminal restraining order has been issued or violated
- The abuse involves weapons, stalking, or severe threats
Family law cannot replace the role of police officers or criminal courts.
Instead, think of family lawyers as your civil advocates, helping you protect your rights and rebuild your future when abuse intersects with divorce, custody, or family restructuring.
Getting the Right Help Matters
Domestic violence is a serious and often terrifying experience. If you or someone you know is being abused, you deserve protection, justice, and support—but it’s important to seek that help from the right professionals.
At the Family Law Firm of Leon F. Bennett, we are here to support survivors, protect children, and work toward safe outcomes. But we also recognize when a situation requires law enforcement or criminal legal action—and we will help you find the appropriate resources when your safety is on the line.
Need Help Navigating Domestic Violence and Family Law?
We’re here to help you understand your legal options and take meaningful steps to protect yourself and your loved ones. Contact our office today for a confidential consultation.
California Domestic Violence Resources
In an Emergency:
Call 911 — If you are in immediate danger
Statewide Support
National Domestic Violence Hotline (24/7)
📞 1-800-799-SAFE (7233)
📱 Text “START” to 88788
🌐 www.thehotline.org
Confidential support, safety planning, and crisis intervention in over 200 languages.
California Partnership to End Domestic Violence
🌐 www.cpedv.org
📍 Statewide coalition providing resources, advocacy, and a directory of local shelters and service providers.
Local California Hotlines & Services
Los Angeles County Domestic Violence Hotline
📞 1-800-978-3600 (24/7)
San Francisco Women Against Rape (SFWAR)
📞 415-647-7273
🌐 www.sfwar.org
Next Door Solutions to Domestic Violence
📞 408-279-2962
🌐 www.nextdoor.org
Community Overcoming Relationship Abuse (CORA)
📞 800-300-1080
🌐 www.corasupport.org
House of Ruth
📞 877-988-5559
🌐 www.houseofruthinc.org
The information provided in this article is for general informational purposes only and does not constitute legal advice. This content is not intended to create an attorney-client relationship. The information presented should not be construed as legal counsel or a substitute for seeking professional legal advice. Any opinions expressed in this article are those of the author and do not necessarily reflect the views of the Family Law Firm of Leon Bennett. Readers should not act or refrain from acting based on the information provided without first consulting a licensed attorney for advice specific to their individual situation.
About Domestic Violence Lawyer, Leon F. Bennett, Esq.
The Law Offices of Leon F. Bennett have been providing ethical and effective Family Law services throughout Los Angeles and Ventura County for over 35 years. Our goal is to satisfy your and your family’s goals with compassion and efficiency to provide closure that honors the human elements of the process.
Whether you’re in need of a Los Angeles divorce mediation attorney or a child custody attorney in Los Angeles, Leon F. Bennett is an expert Woodland Hills divorce attorney who will get the desired results for you and your family.
Contact us today to request a consultation.
