The Impact of Domestic Violence on a Divorce

What Should You Do if Your Husband or wife Threatens to Get a Restraining Order in Carlsbad

Pierre Domercq Domestic Violence

What should you do if your husband or wife threatens to get a restraining order in Carlsbad?  What if these events are happening at the same time as discussions about or a pending divorce?  Most experienced Carlsbad divorce attorneys should tell you that the outcome of any specific case depends on the facts of that case.  However, in any divorce those same attorneys should also tell you that restraining orders and domestic violence have an enormous impact on child custody, parenting time, spousal support, and even attorney’s fees in a North County or Carlsbad divorce case.

Restraining orders and allegations of domestic violence will have a substantial impact on an issue which is one of the most contentious in many divorces: Child Custody and Parenting Time. Therefore, false claims of domestic violence and restraining orders are unfortunately quite common.

If your husband or wife threatens to get a restraining order or file allegations of domestic violence you should immediately contact the experienced Family Law Certified Specialists at Burke & Domercq or call 760-434-3330 to speak with us and set up an appointment.

You should also strongly consider the following suggestions:

  • Ensure that you have an honest witness with you when in the presence of your spouse. That way there will be someone to testify about any false claims your spouse makes.
  • If you communicate via email or text ensure your written communications are polite and free of any anger or threats.
  • Avoid phone calls as these are often a source of false claims, since it is difficult or impossible to prove what was said, unless one party illegally recorded the call.
  • Avoid contact with your former spouse’s family and friends, since virtually anything you say can easily be misinterpreted and they will likely later testify against you.
  • Keep detailed records of your communications with your spouse. Our attorneys often defeat false claims of domestic violence or restraining orders when the wrongfully accused have kept detailed records of what actually occurred.

Note: If you have received a temporary restraining order it is IMPERATIVE to obey EVERY order contained within it.  NO CONTACT means exactly that.  NO CONTACT.  Do not under ANY circumstances:

  • text
  • email
  • call
  • instant message
  • communicate through social media
  • attempt to contact or send a message through a mutual friend or family member