Domestic violence is one of the more common reasons that people file for divorce. Those who have experienced spousal abuse may want to sever their ties and take steps to protect their minor children. While many allegations of domestic violence come after years of quiet suffering, sometimes they are not true. Some people may make falsified claims of domestic violence in the early stages of divorce as a means of strengthening their position during the upcoming legal proceedings.
Both those exiting a marriage due to violence and those responding to unsubstantiated claims of domestic violence need to understand how such claims may impact the divorce process. What happens during a divorce where one spouse alleges domestic violence?
Protective orders may be necessary
Frequently, those trying to leave an abusive relationship ask the courts for a protective order. Also known as restraining orders, these court orders help protect people from stalking, harassment and direct communication initiated by the other party.
Typically, those seeking protective orders must have evidence of abuse or harassment to present to the courts. The other party has a chance to respond to the allegations made. The presence of a protective order can impact the early stages of divorce. For example, the courts may protect the privacy of the filing spouse by refusing to disclose their address after they leave the marital home.
What impact do claims have on divorce outcomes?
California is a no-fault divorce state, which means that most allegations of misconduct have minimal bearing on the divorce process. Generally speaking, domestic violence does not have much, if any, impact on the division of community property when spouses divorce. However, claims of domestic violence backed by a protective order or criminal convictions can influence how the courts handle custody and financial support matters.
Credible claims of domestic violence can lead to the courts awarding one parent sole custody or only granting the alleged abuser supervised visitation initially. Judges often prefer shared custody arrangements, but they must act in the best interests of the children. Protecting them from a volatile parent can be critical for their safety.
In cases where there are requests for spousal support, also known as alimony, credible allegations of domestic violence can influence how judges handle those requests. Victims of domestic violence may be able to request financial support as they rebuild their lives. Perpetrators of domestic violence may face an uphill battle when seeking spousal support. The courts typically do not order victims of verifiable domestic violence to provide financial support for their abusers.
Documentation proving that abuse occurred or refuting claims of violence can prove critical during hearings for protective orders and divorce proceedings. Working with an attorney who is familiar with how domestic violence affects divorce is also important. Both victims of domestic violence and those trying to fight back against unfounded allegations typically need legal guidance throughout the divorce process.