Accusations of domestic violence are serious. They can result criminal penalties that could haunt someone for life, and they can also affect the outcome of a divorce.
Our firm is aware of how these accusations affect both parties in a marriage. Victims deserve a caring, compassionate attorney, someone who will listen and help them receive justice. Alternately, some people are falsely accused by a vengeful spouse. They also deserve a helping hand and the right to be cleared of these allegations.
This article is for both people. It will explore how domestic violence claims can affect either in a divorce’s outcome.
Changes in Spousal Support
Some states have direct formulas that calculate spousal support. These equations are often based on the length of the marriage, each spouse’s income, and so on.
California has no such formula. Courts look at each marriage on a case-by-case basis and make support rulings from there. The state can consider many factors of the marriage, and it can consider the individuals involved. Spouses’ ages, health, earning potential, and so on will all be part of the overall ruling.
It also considers abuse. If the court believes that one spouse is guilty of domestic violence, it can reward the other with a large amount of spousal support. In this way, a family court can act as a civil court, awarding the injured party for their pain and suffering.
If you’ve been the victim of domestic violence, you deserve this compensation. Work closely with your attorney to prove your case, and you could be more financially comfortable after the divorce.
Oppositely, if you’ve been wrongfully accused, you should fight to make sure you aren’t paying an unnecessarily high level of support. You should work with your lawyer to prove your innocence.
Changes in Child Custody
Custody decisions are made in the best interests of the children. If the court believes the children suffered directly or even witnessed abuse, it can tightly limit the abuser’s custody. The abusive parent may have little to no contact with the kids or be forced to have supervised visits.
If the state believes a parent is unfit, it will create a safety plan for them. When the parent shows improvement and passes the plan, they can be cleared and possibly regain some of their custody rights.
You must do whatever it takes to protect your children from abuse. Your attorney must fight hard to make sure all custody decisions keep the kids safe.
If you are facing wrongful allegations, your fight is just as serious. You and your lawyer must do everything necessary to keep you from being unjustly removed from your children’s lives.
Proving Domestic Violence in Court
As with any accusation, there are multiple methods for proving or disproving it. Each side may enter evidence such as medical records, electronic or recorded communications, written records, and so on. Both sides can present witnesses. If physical evidence is relevant, your attorney can use it, too.
This evidence can work for either side. If, for instance, medical records match claims of violence, that will help prove your case. The opposite is also true. Medical records may not corroborate the alleged victim’s story, helping you prove your innocence.
If you need help with proving or disproving a domestic violence case in your divorce, our team can help. For a free, no-risk consultation, call (916) 299-3936 today, or fill out our online contact form.