Domestic violence cases are among the most serious and impactful issues during a divorce case. Even if violence was never proven, but allegations are still present, this can drastically impact custody battles and parenting time along with the divorce outcome.
This is because the court prioritizes safety over everything. When children are involved, they are especially critical when it comes to any allegations or abuse or violence between partners. It’s essential to fully understand the process of these allegations in order to proceed in both your child’s and your own best interest.
What Counts as Domestic Violence According to California State Law?
Domestic violence is more than simply physical abuse. It’s categorized as physical harm or threats, emotional or psychological abuse, harassment or stalking, destruction of property, or coercive and controlling behavior.
Each state has their own exact definition, but the broad sense is normally used whenever children are involved, or custody battles are present.
Legal Consequences of Domestic Violence Allegations
Courts are known to issue restraining orders or temporary protective orders when any allegation of domestic violence are made.
As a man, it’s important that you understand what the accused person faces in these situations. Usually restricted visitation with children, temporary loss of custody, and even removal from the family home are all common possibilities declared by the court.
As a man, it’s important to understand that domestic violence laws are gender-neutral, meaning you can allege domestic violence against your partner if you have valid reasoning behind it. If this happens, the court will treat the situation in the same way they would if roles were reversed.
How Allegations Impact Child Custody and Parenting Time
The most critical concern during all of this is the children involved. Allegations of domestic violence heavily sway custody decisions, even if this allegation was directed at the other parent and not the child.
The reason for this is that the court prioritizes the child’s safety above all else. If they believe the child could be in potential danger due to an allegation of domestic violence, they will act accordingly.
Impact on Divorce Proceedings and Property Division
In some cases, proof of abuse can result in different spousal support decisions or attorney fees. Legal costs tend to increase because it adds an extra layer of conflict that needs to be taken into account throughout the divorce process.
Exclusive use of the marital home is also often awarded to the parent raising the concerns of abuse, rather than the parent being accused. While this is typical, it’s not automatic but it’s definitely something to keep in mind.
The reason for this is that the court views the marital home as a familiar environment for the children, and they continue to put the child’s best interests first.
What Happens if Allegations are False?
The standard procedure when a domestic abuse allegation is brought to the court is to investigate it through evidence, testimony and hearings. If these allegations are proven false or inaccurately described, this can damage credibility for the parent who raised the concerns and can negatively impact their case.
Overall, accusations must be taken seriously and responding to them with heightened emotions or trying to ignore them can worsen their outcomes.
Importance of Legal Representation
If you are in a position where you are facing domestic violence from your spouse during your divorce, there are resources in place to help you. The national domestic violence hotline is available 24/7 and should be utilized as much as possible.
Whether you are facing domestic violence or being accused of committing domestic violence, legal representation is essential. Men’s Legal Center in San Diego is a team of experienced attorneys that are here to help you navigate your way through this entire process. Make sure you take full advantage by contacting them for your free case review as soon as possible.