What is the legal impact of domestic violence in a San Diego divorce case? There have been many highly public episodes involving celebrities and assets in recent news stories where domestic violence has played a substantial role. Every person in California has the right to seek legal intervention and protection when domestic violence is present. Burke & Domercq is committed to protecting those who face physical violence or emotional / psychological abuse. If you are facing physical or emotional abuse we can help you to seek a domestic violence restraining order and establish guidelines for protection and distance from any abusive behavior.
Unfortunately, in some cases allegations of domestic violence are employed in an attempt to gain an advantage during the divorce process. This is especially true in contested child custody and parenting time cases. While Burke & Domercq is steadfastly committed to protecting those who are victims of domestic violence, we also work to defend those who are falsely accused.
It is hard to overstate the impact of domestic violence in a San Diego divorce case. Evidence of past or present domestic violence (over the past 5 years) by one of the parties will have an immediate impact on child custody and parenting time. Once the presence of domestic violence has been established it creates a legal presumption that it is not in a child’s best interest for an abusive party to be awarded sole or joint legal or physical custody of a child. The presence of domestic violence also affects the Court’s decisions regarding eligibility for spousal support.
San Diego Family Courts consider all child custody and parenting time cases in a very serious manner. Our Judges are highly skilled and experienced when evaluating the difference between genuine physical or emotional violence from disingenuous attempts to manipulate the outcome or gain leverage in a divorce.
The established record will strengthen or weaken the impact of domestic violence in a San Diego divorce. This is why it is so important to work with the experienced, proven Certified Family Law Specialists at Burke & Domercq. We work to protect our clients by developing evidence to establish or support the facts over a period of time.