Domestic violence in today’s legal terms can take many forms. The most obvious is physical and emotional abuse. Physical abuse involving slapping, hitting, kicking shoving or throwing things at another are considered in domestic violence cases. Emotional abuse ranges from making threats, controlling money and freedom of movement, consistent insult or belittling comments as well as the disclosure of private information and/or photos. Domestic violence also includes activities such as stalking, harassment, and even making threats against a person’s family, friends or pets. As relationships break down it is not difficult to see how these behaviors become important and the affect of domestic violence on a Carlsbad divorce.
Domestic violence will be a factor in issues such as child custody and visitation as well as spousal support. The victim of domestic violence cannot be required to pay spousal support to their abuser. The abuser can still make support arguments in Court but our attorneys present evidence at trial to bar these claims. Those who have recently been served with a restraining order or convicted of domestic violence will have several challenges in terms of child custody and visitation. Even past convictions or domestic violence issues can come into play. The primary concern of the Judge will be the best interests and safety of the child. It is not unusual for the Court to order supervised visitation in cases where violence is present.
Recent changes to California Family Law provide a rebuttable presumption that an order for sole or joint custody of any child to any person who has committed domestic violence is not in the best interests of the child. The central guiding principle of issues associated with children under California Family Law is “the best interest of the child.”
The affect of domestic violence on a Carlsbad divorce will extend into many aspects of the divorce itself. The experienced Certified Family Law Specialists at Burke & Domercq strongly defend clients who are victims of domestic violence and work to protect the safety of those clients and their children.
We invite you to protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.