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How Does Domestic Violence Affect a Divorce in Carlsbad?

On Behalf of | Oct 10, 2019 | Domestic Violence

Domestic violence is a serious issue in many homes in Carlsbad. How does domestic violence affect a divorce including child custody in Carlsbad?

Domestic violence requires serious attention and legal action to protect spouses and children while reducing or eliminating the potential for future violence to occur.  Here in Carlsbad an Emergency Protective Order or EPO may be quickly issued, and temporary restraining orders obtained to separate the parties and protect all involved.

Unfortunately, domestic violence is often alleged in Carlsbad divorce cases in an attempt to gain an advantage in child custody and parenting time, support issues as well as property division and possession of the family home.

Our Judges take these matters quite seriously, and determine for themselves if domestic violence is occurring. This process can help to identify abuses by manipulative partners seeking to gain an advantage.

When genuine issues of domestic violence exist, the Judge is bound to follow specific California family law.  Domestic violence almost always prohibits sole custody of a child for the abuse, however parenting time or visitation is usually established.   There may be limitations such as supervised visitation, but our Courts believe it is in the best interests of a child to maintain a relationship with both parents when a safe environment is possible.

There are occasions when a Judge can provide sole custody to an abusive spouse.  There are actions one can take to recover from alcohol or substance abuse, as well as courses for those who need to learn anger management or parenting skills ordered by the Court.

The experienced divorce and child custody attorneys at Burke & Domercq stand firmly against domestic violence and work to protect and defend the rights of children and to ensure their safety.  We equally strive to protect the rights of those falsely accused of domestic violence.

If you are concerned about how issues of domestic violence will affect your Carlsbad divorce case we invite you to contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our lawyers.