What impact does domestic violence have upon a Carlsbad divorce? In most cases domestic violence or a protective order will have a substantial impact upon many aspects of your divorce. When domestic violence has occurred there is almost always a restraining order issued that prohibits the parties from being in close proximity or contact. This combined with concerns for a victim’s safety and the “best interest of the children” will have a profound impact on the process of a divorce.
The first impact may be an order from a Judge for the party accused of the domestic violence to leave the family home for the protection of the victim and any children who might reside there. This adds immediate cost as many couples continue to share the family residence during the course of the process in order to save money.
Another financial and practical impact is the potential elimination of mediation as a cost-effective alternative to resolve disagreements between the parties on all matters contained within the settlement agreement.
Our experienced Certified Family Law Specialists have represented parties in this situation through negotiations, but the parties themselves cannot receive the benefit of many aspects of mediation.
A spouse convicted of domestic violence within the five years preceding a divorce cannot receive spousal support. In addition, domestic violence will impact child custody and visitation or parenting time with the children. Visits may need to be supervised and the amount of time will be greatly reduced.
At Burke & Domercq our primary concern is the safety and well being of all parties and the children of divorce. There are occasions where false allegations of domestic violence have been attempted in order to gain the upper hand in a divorce. In these cases we aggressively defend the falsely accused.
What impact does domestic violence have upon a Carlsbad divorce? It will have an impact on almost every aspect of the divorce itself, as well as the experience of the parties as they move through the process.
If you are considering a divorce and there are issues of domestic violence past or present we invite you to contact us or call 760-434-3330 to schedule an appointment with one of our experienced divorce lawyers.