What is considered to be domestic violence in Carlsbad and what impact can domestic violence have upon a divorce in Carlsbad, Oceanside, Encinitas or Vista?
Legally, domestic violence is considered to include intentional or reckless physical, verbal, emotional or psychological abuse as well as threats of abuse when both parties have been involved in an “intimate” relationship. This includes living together and marriage. Threats to harm a third party, and behaviors such as harassment, stalking or the destruction of property have also been considered to be domestic violence in Carlsbad.
The abused party may seek an Emergency Protective Order (EPO), a Temporary Restraining Order (TRO) a Permanent Restraining Order or a criminal protective “stay-away” order.
Any action which is considered to be domestic violence in North County or Carlsbad divorce cases can have a substantial impact on the outcome. Domestic violence affect the Judge’s decisions on everything from child custody and parenting time to child support, spousal support and in some cases even community property division.
The existence of an EPO or TRO or a permanent restraining order tells the Court one of the parties may not be suited for unsupervised child custody or visitation. The Court may severely limit the ability of an alleged abuser to have contact with the other party or the children.
In addition, the party who has perpetrated domestic violence may not receive spousal support in California.
Any actions which are considered to be domestic violence in Carlsbad will have an impact on an associated divorce case. Allegations of domestic violence are sometimes unfortunately used to gain an advantage in a Carlsbad divorce case. If you have questions we invite you to contact Burke & Domercq or call 760-434-3330 to learn more or schedule an appointment with one of our experienced Certified Family Law Specialists.