Are you wondering how accusations or convictions related to domestic violence affects a San Diego family law case? It may surprise you to learn that almost 20 people are physically or emotionally abused by a spouse or intimate partner across the United States every minute. Domestic violence cases significantly increased during and after the pandemic here in California. California has strong domestic violence laws which have been recently clarified and enhanced to ensure protections for all Californians.
California does not require grounds for divorce, however there are many ways in which domestic violence affects a San Diego family law case such as a divorce, division of community property, child custody and visitation or spousal support case. All of these issues are usually components of a divorce case. If the domestic violence resulted in damage to community property or a depletion of community assets the Judge will usually offset these losses against their share of community property during the process of division.
Child custody and visitation cases during a divorce or between co-parents after a divorce are guided by the primary principle of “the best interests of the child(ren).” One of the many ways domestic violence affects a San Diego family law case is in custody and visitation hearings. Those who are justly accused or convicted of domestic violence can expect exchanges of the children to occur in a public place and often under the supervision of an adult third party. The Court will consider domestic violence as part of their analysis during a visitation decision and may require supervised visitation or consider termination of an abusive parent’s parental custody rights and visitation altogether.
Spousal support is another way in which domestic violence affects a San Diego family law case. Here in California we have recently identified “coercive control” as a specific element of domestic violence. If the accusations involve isolation and efforts to make the victim financially dependent it can substantially impact spousal support. A criminal conviction for domestic violence in the five years preceding a divorce results in a legal presumption that the abuse should not receive spousal support from the victim. This presumption is subject to rebuttal under the law.
Are you concerned about how accusations or convictions related to domestic violence affects your family law case? We invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.