Family Matters.
When It Really Matters.

How Will Domestic Violence Affect a Carlsbad Divorce?

On Behalf of | Mar 10, 2020 | Domestic Violence

In California we are a “no fault” divorce state, meaning one does not have to have grounds for a divorce. All divorces in California are considered to be based upon “irreconcilable differences.” So if there are no grounds required, how will domestic violence affect a Carlsbad divorce?

What is the impact of one spouse accusing the other of violent acts? How does a restraining order for domestic violence impact your divorce case? The first impact of a restraining order is usually an order from the judge preventing the parties from contact with one another. This makes cost-effective tools such as mediation and joint negotiations much more challenging as both parties cannot be present.

A successful allegation of domestic violence or abuse may result in the removal of the violent party from the family home. This will impact time with any children involved, as well as access to community property.

Finally, California law provides that a spouse convicted of domestic violence within 5 years of the divorce cannot receive spousal support. While this is a “rebuttable presumption” (meaning the accused has the right to provide direct evidence against the bias based upon a violent conviction) it creates additional legal hurdles and therefore costs for the party accused of domestic violence.

How does domestic violence affect child custody? In California, our family law code places the safety and best interests of the child as the highest factor in decisions relating to child custody and parenting time. If the Court believes one of the parties is violent it may find that this behavior affects the safety of the child(ren) resulting in a detrimental impact on physical and legal child custody.

The experienced attorneys at Burke & Domercq have decades of experience in Carlsbad and North County divorce cases involving allegations of domestic violence. We believe that any child or spouse should be protected from the threat of violence. We have also witnessed the abuse of domestic violence allegations by parties seeking to gain an unfair advantage in divorce proceedings.

How will domestic violence affect a Carlsbad divorce or any divorce in North County?  If your divorce proceeding will be impacted by domestic violence in the present or past it will be important to be represented by an experienced and skilled divorce attorney with expertise in situations involving domestic violence and restraining orders. We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our Certified Family Law Specialists.