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What Impact will Domestic Violence Have Upon My Divorce?

On Behalf of | Aug 22, 2019 | Domestic Violence

What impact will domestic violence have upon my divorce in Carlsbad, Encinitas, Oceanside, Vista or anywhere in North County San Diego?  What actually constitutes domestic violence?  How will it affect the orders issued by the Court in our case?

It is important to understand each case is unique, and the specific circumstances in your case will determine the ultimate impact domestic violence may have upon your divorce.  Domestic violence is much more common than you may believe.  The State of California will take action to protect victims of domestic violence including but not limited to:

  • Attempts or attacks which result in physical injury
  • Sexual assault, battery, or attempts to force sexual contact
  • Destruction of personal property or a residence
  • Stalking or harassment
  • Abusive threats to you or those you love

Once allegations of domestic violence have been made, a temporary restraining order is usually issued.  This is followed by a formal hearing, usually within 10 days.  It is important for anyone who has received a restraining order to follow the instructions within to the letter.  No contact means exactly that: no contact whatsoever.  No emails, texts, phone calls, social media posts, or attempting contact through a family member, child or friend.  All parties will have their day in Court.

What impact will domestic violence have upon my divorce and what if those allegations are completely made up?  Unfortunately, there are many cases where allegations of domestic violence are used in an attempt to gain an advantage during a divorce proceeding.  Domestic violence can impact many aspects of your divorce, especially child custody and parenting time and support orders.

The attorneys at Burke & Domercq strongly oppose and denounce domestic violence in any form.   We have also aggressively represented those who are falsely accused of domestic violence by a spouse who is attempting to manipulate the outcome in a divorce.  If you are concerned about the impact of domestic violence upon a divorce we invite you to review the strong recommendations of former clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment.