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When Domestic Violence Impacts Divorce

On Behalf of | Aug 29, 2014 | Divorce, Domestic Violence

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It is an unfortunate fact of life that some people injure others who are close to them: spouses, children, other family members. Domestic violence can be physical, or it can be psychological.  When either type of abuses occur, it isn’t only the direct victim that is affected.  Everyone in the household can be affected.  And the damage can be widespread.  Fear, hopelessness, physical injury, and despair can prevent victims from seeking help.

Fortunately, the laws that protect the victims continue to evolve, and provide harsh consequences for the perpetrators.  There are many measures that may be taken (with, we suggest, the help of an experienced and knowledgeable attorney) in order to provide legal protection.  These may include:

  • Restraining orders.  Protective orders requiring person to refrain from contact
  • Visitation orders.  Specific times, locations and other requirements relating to time with children
  • Residence exclusion (“kick-out” or “move-out”) orders 
These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.

Another debilitating effect of domestic violence can be the threat of living without financial support, which may prevent or delay an abused spouse to seek escape.  Economic reasons are also a powerful component of divorce in many instances. But the instance of domestic violence, along with its criminal ramifications, can play a major role in how property and assets are divided in a divorce.

You may be aware that California is a no-fault divorce state.  However, in this state, domestic violence can also be a relevant factor in asset and property division. Criminal convictions can be submitted for consideration, as can what is known as “economic misconduct –“ financial hardship, loss of employment, etc. that are direct results of injuries due to domestic violence.

Please remember: this blog is intended only as an informational service.  It reflects only our opinions, though our points of view are based on fact. Our blog is not meant as legal advice.  For more complete information about California family law issues and how they may affect you, your best course is to consult an experienced attorney.  As Orange County’s premier family law specialists, Dinnebier & Demmerle bring extensive experience to every client concern and challenge. We provide counsel and representation inside the courtroom and outside, working on your behalf to secure the best possible legal outcome. To schedule a consultation, please call us at 714-598-3714.