Domestic Violence and Divorce in California

Opinions in blog posts are the sole opinions of the author and do not reflect the views or opinions of 1.800.NoCuffs and The Kavinoky Law Firm.

Domestic violence accusations are common during a divorce. Some are accurate, some are less than accurate.

22% of divorces today end due to a claim of violence in the relationship. Additionally, 3 million women a year are victims of partner abuse. With this consideration, however, some partners make exaggerated or misleading claims of violence. Unfortunately, some see these claims as a way to gain advantage in divorce and/or custody proceedings.  Many partners lose access to their children as a result of false domestic violence charges. However, with an expert criminal defense attorney on your side, so shall the truth be with your case.

Domestic violence accusations can majorly impact divorce proceedings. Regardless if it is an allegation, arrest or conviction, accusations are impactful.  This is true particularly when it comes to child custody issues. This is a serious danger for all partners processing divorce. However, it is especially harmful for those in the military. A conviction of domestic violence during a divorce will affect child custody and the outcome of a divorce. Unfortunately, it can also cost military personnel their jobs.

While domestic violence is a real issue in many divorce cases, sometimes the accusations are false.

Divorcing couples are often involved in messy disputes. Some cases lead to an angry spouse claiming abuse out of frustration. If you believe you’ve been falsely accused of spousal abuse, do not wait. It’s crucial to seek the help of a qualified legal counsel who will work to protect your rights.


Protective Orders

Also referred to as restraining orders, protective orders are popular grants during a divorce. If granted, a partner may not be able to see his/her children. The accused is likely not able to enter his/her own home or visit his/her children. In some cases, those with restraining orders against them may also find themselves with additional responsibilities. He or she may need to attend counseling or anger management classes.

A parent with a restraining order against him or her will likely have a difficult time fighting for custody and visitation rights to his children. In some cases, restraining orders may last for several years after the divorce. If a partner violates an active protection or restraining order, he can go to jail.

Criminal Charges

An arrest for domestic violence in the state of California may result in criminal charges. A conviction on your record can affect you for years to come. The safest course of action for men accused of domestic violence is to remain calm and obey all restraining orders for the time being. If the accused respects the boundaries of the restraining order, there is hope to drop the charges. Of course, if an expert criminal defense attorney proves the allegations are false, the restraining order is no longer valid.

Domestic Violence Act

As a man with false allegations of domestic violence made against you, it’s imperative that you understand the Domestic Violence Act. Implemented in 1979, the act defines what constitutes domestic violence. According to the legislation, domestic violence is defined as “attempts to cause or intentionally causing bodily injury, and placing a person in fear of ‘imminent serious bodily injury’ by threatening the use of force.” Under the act, it’s easy for women to make false allegations but, with the right criminal defense, you may be able to prove your innocence and protect your rights.

Domestic violence charges can result in severe legal consequences for defendants, including eviction, heavy fines and legal fees, and a permanent mark on your criminal record. Additionally, these charges can affect alimony and child custody. Some courts prevent parents with a history of physical abuse from visiting their children, even under supervision. Some of the normal privileges you’ve grown accustomed to throughout the years may be taken away from you as a result of a false domestic violence charge.

Don’t Fight Alone

During a divorce, things can get ugly. Don’t fight this battle alone. If you find yourself standing on the wrong side of a restraining order, call The Kavinoky Law Firm. We hire only the best attorneys in Los Angeles. We work around the clock to protect your rights. 1.800.No.Cuffs is the number to remember but hope you never need.

Brianna Wilkins
Brianna Wilkins