How Domestic Violence Can Affect Your Divorce
For many, the stay-at-home orders and social isolation efforts during COVID-19 led to a surge in domestic violence incidents. Being trapped at home with an abusive partner made it even more difficult for victims to seek help. If you or your children are experiencing domestic violence, it is critical to take steps to protect yourself. Speaking with a domestic violence lawyer in Roseville can help you understand your options, including filing for a protective order and initiating divorce proceedings.
Beyond immediate safety concerns, domestic violence allegations can also have significant legal implications on divorce-related matters, including child custody and spousal support.
The Impact of Domestic Violence on Divorce Proceedings
California is a no-fault divorce state, meaning you do not need to prove wrongdoing to file for divorce. However, when domestic violence is involved, it can influence key aspects of your case.
Child Custody & Visitation
Courts prioritize the best interests of the child when making custody decisions. If one parent has a history of domestic violence, the judge may:
Restrict visitation or require supervised visits. Deny joint custody if the child is at risk of harm. Consider protective measures to ensure the child’s safety.
Not all domestic violence allegations automatically result in custody restrictions—the court examines the severity, frequency, and direct impact on the child before making a decision.
Alimony (Spousal Support)
Under California law, a spouse who has been convicted of domestic violence may be denied spousal support. The court generally prohibits a victim from being forced to pay alimony to an abuser, and in many cases, there is a presumption against awarding support to the perpetrator.
If you are seeking spousal support or defending against allegations, it is essential to have a skilled divorce attorney advocating for your rights.
Protect Yourself & Your Children
If you are experiencing domestic abuse, you have legal options to secure your safety, including: Filing for a restraining order to keep your abuser away. Seeking an emergency child custody order if your child is at risk. Initiating divorce proceedings to protect your future.
If you have been falsely accused of domestic violence, it is equally important to defend yourself to prevent unjust custody or financial consequences.
Speak with a Domestic Violence Lawyer in Roseville
At Hoss Law, we understand the complex and sensitive nature of domestic violence cases in the context of divorce, child custody, and support matters. Whether you are seeking protection or defending against false allegations, we are here to help.
Call 844-4HOSSLAW today or contact us online to schedule a confidential consultation with a Roseville domestic violence and divorce attorney.
