Domestic Violence Priors May Affect Your Carlsbad Divorce - Family Law

Domestic Violence Priors May Affect Your Carlsbad Divorce

Pierre Domercq Domestic Violence

Domestic violence priors may affect your Carlsbad divorce and crucial aspects such as child custody and spousal support.  California residents, and those across the country, are all too familiar with stories of relationships gone bad.  Domestic violence continues to be an issue in the San Diego community and has actually risen in the presence of COVID-19.   The extreme situation is one where the relationship involves domestic violence perpetrated against one or even both partners.

For example, a woman was recently admitted to a hospital and the hospital staff immediately called the police to investigate what they believed to be domestic violence. While the authorities were there investigating the situation, a man reportedly arrived and said that several woman had actually attacked the woman who was being admitted to the hospital, and that is what he told police explained her injuries.   After concluding their investigating, police arrested the man and charged him with domestic violence.

Upon further investigation into the man’s background, authorities discovered that the man had a record. Three different felonies showed up and the man was reportedly on probation at the time of the incident.  His probation was due to a prior attack against the same victim.

Any California resident, male or female, does not have to stay in an unsafe environment.  Our state laws protect California and North County San Diego residents from abusive spouses and living situations. Gaining an understanding of how to secure a safe living situation may give victims of domestic violence the courage to leave an abusive relationship, seek a protective order against their abuser and start to put their lives back together again.  Both temporary and permanent restraining orders can keep attackers away from victims, allowing them to collect their belongings and start a new life, one that is free from suffering, pain and fear.

Domestic violence priors may affect your Carlsbad divorce and crucial aspects such as child custody and spousal support.  As spouse who has been convicted of domestic violence or is the subject of a protective order cannot receive spousal support.  Judges in San Diego Family Courts are going to take the presence of or threat of domestic violence quite seriously when determining child custody and parenting time.

If you believe domestic violence may be an issue in your Carlsbad divorce case we invite you to contact the experienced attorneys at Burke & Domercq or call 760-434-3330 to schedule an appointment to discuss the unique circumstances of your case and how issues of abuse may affect the ultimate outcome.