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Domestic Violence Allegations in a Carlsbad Divorce Case

On Behalf of | Jul 18, 2020 | Divorce

What is the impact of domestic violence allegations in a Carlsbad divorce case? Our clients have many questions about domestic violence, restraining orders and the impact it will have upon child custody and parenting time as well as spousal support and other issues in the divorce.

The most important issue to address is protection for those enduring domestic violence. We can help you to obtain temporary or permanent restraining orders and obtain the protection you need. Your safety and that of your children is the most important issue.

We help to answer many of your questions regarding domestic violence and restraining orders. We explain the difference between a temporary order and a permanent order. We help you to understand the impact of domestic violence allegations in a Carlsbad divorce case and how this could impact your job or freedoms such as the ability to own a firearm.

Many victims are concerned about the impact of the order upon their former partners. Will a domestic violence case or restraining order affect their job? If so, how will they be able to pay spousal support and child support?

How seriously should I take a “Temporary Restraining Order?”

Domestic violence restraining orders are serious business. If there is a temporary restraining order it means the Judge considers you to be a threat. You must obey every instruction contained within the restraining order to the letter. “No contact” means exactly that – no contact! Even if the other party contacts you or initiates the contact.

No phone calls, texts, emails, social media connections, instant messaging, stopping by to talk in person, letters or cards in the mail and no contact by another person on your behalf.

A restraining order not only limits contact between individuals, it will take away several constitutional freedoms. It will impact everything in your life from the ability to get a good job to how police treat you at a normal traffic stop.

False domestic violence allegations in a Carlsbad divorce case are often used to impact child custody and parenting time.  A domestic violence restraining order can affect spousal support, your ability to obtain or keep child custody and many other aspects of your divorce. If you have been unjustly accused and a temporary order has been issued you need to contact Burke & Domercq and prevent it from becoming a “permanent” order.

If you are concerned about domestic violence or have been unjustly accused we invite you to protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.