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Domestic violence is a severe crime with devastating effects on families and relationships. Some divorces’ root cause is domestic violence and can have a direct impact on the outcome of the proceedings. Any history of domestic violence in a divorce case will be relevant during the proceedings.
If you have been a victim of domestic violence and wish to file for divorce, it’s vital to consult skilled lawyers in San Diego. They can provide insights to help you understand how domestic violence can affect your case. They can also advise on prioritizing your safety and upholding your rights and those of your loved ones in the process.
Domestic Violence and Restraining Orders
California Family Code ยง6320 provides that domestic violence victims can seek a restraining order to protect themselves during a divorce. The orders can be structured to provide the following protections, depending on the case specifics:
- Granting temporary child custody and support
- Prohibiting the domestic violence perpetrator from coming within a specified distance of the protected person
- Barring communication between the abuser and the victim
Divorce attorneys in San Diego add that judges may grant an emergency (ex parte) restraining order if they determine that immediate action is necessary for safety purposes. Emergency orders are valid for 21 days, after which you can request an extension or termination of the order in court if necessary.
However, it can be challenging to obtain a restraining order if there are no physical signs of abuse or you can’t prove the violence. Skilled San Diego divorce lawyers can help you collect the necessary evidence to prove your case.
What Evidence Can Prove Domestic Violence?
Evidence is paramount when you raise allegations of domestic violence. While simple claims can help you get a restraining order, you must provide solid proof to impact a divorce case in the long term. You can prove and strengthen your claims of domestic violence by attaching relevant evidence such as the following:
- Medical reports
- Witness testimony
- Photographs of your injuries or damaged property
- Police reports
- Video or audio recordings of violence
Understanding your rights and how domestic violence claims play out in the justice legal system is crucial. Seek the counsel and representation of experienced divorce attorneys in San Diego to increase the likelihood of a favorable outcome in your divorce case. After collecting evidence, they can help you preserve it to ensure your voice is heard and substantiated.
What Is the Impact of Domestic Violence on Child Custody in a Divorce?
Courts in California uphold and prioritize a child’s safety and mental well-being. If you show evidence pointing toward domestic violence, the judge will consider this with utmost concern when deliberating on child custody and visitation rights.
Your partner could lose custody of the children and also be subjected to limited supervised visits if you can prove they are abusive. Section 3044 of the Family Code presumes against granting custody of minor children to a spouse who has committed domestic violence acts within the last five years.
The measure is to promote the child’s physical and psychological safety based on the principle of the child’s best interests. In other circumstances, a judge may award custody to the abusive parent after evaluating the following:
- Evidence that the parent may have committed an act of abuse in the past and whether they have successfully completely all required counseling programs, treatment, and education
- Granting custody to the abusive parent is in the child’s best interests
- Whether the parent committed other prior acts of domestic violence or abuse
- Whether the parent violated a previous court-issued restraining order
What is the Impact of Domestic Violence on Spousal Support Determination?
Domestic violence in a marriage can have severe repercussions for spousal support determinations. If you have been subjected to abuse, the court could adjust the spousal amounts upward. Your abusive partner could be obligated to pay a higher amount as a direct consequence of their behavior during your marriage.
On the contrary, a spouse who is supposed to receive alimony risks losing out on receiving the payments if they are found to be abusive toward their spouse. The court is unlikely to order spousal support payments to an abusive partner, regardless of whether the alimony is temporary or permanent.
What is the Impact of Domestic Violence on Property Division?
Property obtained by a couple during their marriage is regarded as community property. Each spouse owns half of the property, which is reflected during property division. However, in a divorce case that involves domestic violence, a judge will review all the case circumstances.
They will then determine whether the abused spouse should receive a more considerable portion of the designated community property than they would under normal circumstances. Having the legal representation of experienced San Diego divorce lawyers can go a long way in ensuring your rights are upheld and protected.
A Skilled Divorce Lawyer Helping You Navigate Domestic Violence in a Divorce Case
If you are seeking divorce due to domestic violence in your marriage, you must understand the impact of the claims on the proceedings. Consult skilled San Diego lawyers for legal counsel to help you present a strong case. They can help you gather relevant evidence to support your claims for a favorable outcome in child custody, spousal support, and property division.
The divorce lawyers at Khosroabadi & Hill, APC, can fight to protect your interests if you’re going through a difficult divorce. We can work on all the legal papers to remove guesswork and mistakes that could harm your case. Call us at 858-240-2093 to schedule a FREE case assessment.
