How Does a Domestic Violence Restraining Order Impact a California Divorce
In California, the standard grounds for divorce are no fault grounds. This means that even in situations where one spouse has been accused of domestic violence, the divorce still proceeds based on irreconcilable differences. While an accusation of domestic violence will not necessarily affect the grounds for divorce, this does not mean that violent behavior from one spouse to another has no impact on the proceedings.
There are a number of different ways in which a domestic violence restraining order could impact a California divorce. An experienced California family law attorney can help you to understand what an accusation of domestic violence, or a conviction for violence, can mean during the proceedings to end your marriage.
Brown & Charbonneau, LLP has extensive experience representing clients even in difficult divorce cases where one spouse has been accused of being violent against the other. We can provide you with the advice, guidance and advocacy you need to get the best divorce settlement possible even under difficult circumstances.
How Does a Domestic Violence Restraining Order Impact a California Divorce?
A domestic violence restraining order can impact the way divorce proceedings take place. In most divorce situations, spouses are encouraged to meet with each other to try to negotiate on the issues of child custody, spousal support, and property division. Typically, this results in a less costly divorce and in a more favorable outcome for all involved. In cases of domestic violence, however, this may not be a practical solution.
When there is a domestic violence restraining order in effect, the spouses may not be allowed to be near each other because the restraining order commands the alleged abuser to stay away. While the couple could still try to negotiate a divorce settlement without litigation with the help of lawyers acting as intermediaries, the past history of violence can complicate matters.
A domestic violence restraining order can also result in the alleged abuser being prohibited from remaining in a family home during the process of dissolving the marriage. Typically, both spouses have the right to stay in the home because it is community property. This may not be the case when one person has been accused of engaging in violence and the judge has ordered him or her to leave the family house.
Yet another important impact of domestic violence relates to spousal support. Under California Family Code Section 4325, there is a rebuttable presumption that a person convicted of domestic violence within five years of the dissolution of the marriage will not be entitled to receive spousal support.This can have a major financial impact in some divorce cases.
These are just a few of many possible ways that a domestic violence restraining order, or a history of domestic violence, can affect the process of divorce and the outcome of divorce proceedings. The expert divorce and family law attorneys at Brown & Charbonneau, LLP can provide assistance to couples going through a divorce, including in divorces where domestic violence may be a legal issue. Give us a call today to learn how we can assist you. 714-505-3000