How does domestic violence affect a North County divorce? What impact will a restraining order have upon the cost-effective completion of your divorce? What should I do if my spouse is leveling false allegations of domestic violence to gain an upper hand in the divorce?
Domestic violence and resulting restraining orders will not affect the ability to divorce itself. California is a “no fault” divorce state, meaning all California, Carlsbad and North County divorces are presumed to be due to irreconcilable differences. However, the restraining orders associated with domestic violence will have a profound impact on the “process” associated with your divorce.
Restraining orders and domestic violence affect a North County divorce by prohibiting the former spouses from being within a certain distance of one another. This usually results in one of the parties being forced to move out of the family home. This can influence the community property division as one party has exclusive use of the home during the course of the divorce itself. There is a financial value for this exclusivity.
In most cases, the former spouses are encouraged to work together to resolve issues related to child custody and parenting time, child support, spousal support and other related issues. Restraining orders prevent the former spouses from being near one another, so in these cases the spouses are required to negotiate through their lawyers. This is the best option based upon the limitations of the restraining order.
How can domestic violence affect a North County divorce and what can we do to help? The Certified Family Law Specialists at Burke & Domercq have extensive experience in divorce proceeds and related trials in North County family law courts for decades. We can represent you in this process and work to negotiate a successful resolution to all areas contained within the separation agreement while achieving your goals and objectives.
If your former spouse is seeking a restraining order due to false allegations of abuse or neglect you need to fight these aggressively. Emergency Protective Orders or EPOs are issued quickly and can be obtained fairly easily. Most clients are shocked when they are served and don’t know what to do. If you are served with an EPO there are two things you must do:
1. obey the instructions to the letter – no contact means exactly that: NO CONTACT. Don’t call to ask why this is happening. You can’t phone, text, email, US mail, pass a note, talk to, approach, or contact the other party through social media or any other method of communication. You cannot have family or a friend contact them on your behalf. No contact whatsoever.
2. Call Burke & Domercq immediately at 760-389-3927. There is going to be a hearing within the next few weeks. You need us to aggressively defend and protect your interests and ensure a restraining order is not issued in your case. Restraining orders will affect your life in profound ways going forward – not just by preventing you from access to your former spouse. You will find it difficult to gain employment from most employers who will consider you to be a violent risk. You will not be able to serve in the military, law enforcement or any profession which requires you to have access to a firearm or ammunition. Police will always treat you as a dangerous violent person making interaction with them extremely difficult – even at a normal traffic stop.
If you have been served with an EPO or are wondering how can domestic violence affect a North County divorce 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.