Legal Protections for Domestic Violence Survivors Going Through Divorce in California

Divorce can be an emotionally challenging experience – but with domestic violence in the equation, the stakes are even higher. Domestic violence is often misunderstood, with many believing that it only involves physical harm. However, California law recognizes that abuse takes many forms, and survivors deserve protection from all types of harmful behavior.

Domestic violence can touch every corner of your life, from your safety to your child’s well-being and your long-term financial future. Navigating the legal system under such circumstances can feel overwhelming, but you don’t have to face it alone.

In California, the law provides robust protections for survivors of domestic violence to ensure that their safety and rights are upheld during divorce proceedings. Whether you need protective orders, custody arrangements that prioritize your children’s best interests, or fair division of assets, having a knowledgeable and compassionate attorney can make all the difference in achieving a favorable outcome in these sensitive cases.

Defining Domestic Violence: Beyond Physical Abuse

Domestic violence extends far beyond physical acts of harm. It can manifest in a variety of ways, including emotional, sexual, psychological, financial, and even digital abuse.

A controlling spouse may use intimidation, manipulation, and isolation to exert power over their partner, often leaving no visible scars but causing significant emotional and mental trauma. Many survivors of domestic abuse experience coercive control, where an abusive partner limits their independence by controlling finances, isolating them from friends and family, or making threats that instill fear and dependence. Recognizing these behaviors as abuse is critical in seeking legal protection and holding an abuser accountable.

Under California’s Domestic Violence Prevention Act (DVPA), domestic violence is broadly defined to include any behavior that causes or threatens physical injury, emotional distress, or financial hardship to a current or former spouse, partner, cohabitant, or co-parent. The law protects you from a range of abusive behaviors, including:

• Physical Abuse – Hitting, slapping, shoving, throwing objects, limiting a partner’s physical movements, or any form of physical harm.
• Sexual Assault – Nonconsensual sexual contact or spousal rape.
• Emotional Abuse – Verbal threats, intimidation, humiliation, and constant criticism.
• Psychological Abuse – Manipulation, gaslighting, and controlling behaviors that cause fear, confusion, or isolation in a partner.
• Financial Abuse – Withholding money, taking a partner’s money without consent, controlling access to financial resources, or sabotaging employment opportunities.
• Digital Abuse – Stalking, harassment, or monitoring through social media, email, tracking devices, or software on personal devices.

California courts take domestic violence seriously, and understanding what the law can protect against  can help you recognize the patterns of abuse you may have experienced. With this understanding, you can take informed steps to secure your safety and protect your rights during a divorce.

Immediate Legal Protections Available to You

If you’re experiencing domestic violence and going through a divorce, your safety and well-being – and the safety and well-being of your children – should be the top priority. California laws can provide immediate legal protections to help you secure a safe environment for yourself and your children. Taking swift legal action can prevent further harm and establish necessary boundaries while your divorce proceedings are underway.

Restraining Orders: Your First Line of Defense

One of the most effective legal tools available to survivors of domestic violence is a Domestic Violence Restraining Order (DVRO). This court order can help protect you by legally prohibiting your abusive partner or spouse from contacting, harassing, or coming near you and your children. California has several types of restraining orders available:

• Emergency Protective Order (EPO) – Issued by law enforcement officers on the spot if they think you’re in immediate danger. EPOs typically last up to 7 days, which gives you time to seek longer-term protection through a court order.
• Temporary Restraining Order (TRO) – A court-issued order that gives you protection for a few weeks until a hearing can be held for a more long-term solution.
• Permanent Restraining Order – After a court hearing, the judge may issue a long-term restraining order potentially up to 5 years, open to extension and renewal.

These restraining orders can include provisions that:

• Require the abusive partner to stay away from your home, work, or children’s school.
• Prevent any form of communication, such as calls, texts, or social media contact.
• Award temporary custody and visitation rights to ensure the safety of your children.
• Grant exclusive use of shared property, such as the family home or vehicle.

Filing for Divorce Safely

When domestic violence is involved, it’s essential to take necessary precautions to protect yourself when initiating divorce proceedings, as this can sometimes compel an abusive partner to escalate the violence. In California, you can request specific legal protections:

• Address Confidentiality – You can ask the court to keep your address confidential to prevent your spouse or partner from locating you.
• Exclusive Use Orders – A court may grant you exclusive possession of your family home, requiring your abusive partner to leave.
• Supervised Visitation Orders – If you have children, the court can require only supervised visits or no visits at all with the abusive parent to ensure their safety.

These legal protections can help create a more secure environment while your divorce unfolds. An experienced lawyer can help you take these steps as quickly as possible.

Impact of Domestic Violence on Child Custody Decisions

When domestic violence is a factor in divorce proceedings, California courts take special precautions to protect the safety and well-being of the children involved. Judges will prioritize the best interests of the child – and a history of domestic violence can have a major impact on custody and visitation decisions. In fact, in California, there is a legal presumption against granting custody to a parent with a history of domestic abuse.

This presumption applies if the court finds that the abusive parent has committed domestic violence against their co-parent or their child within the past 5 years.

However, the accused parent can attempt to rebut this presumption by demonstrating:

• Completion of a batterer’s intervention program,
• Proof of rehabilitation and a commitment to non-violent parenting, and/or
• Evidence showing the child’s best interests would be served by keeping custody.

When determining custody and visitation, a California court will assess several factors:

• The Severity and Frequency of Abuse – Was the violence an isolated incident or part of an ongoing pattern? Has there been rehabilitation since the last incident?
• The Impact on the Child – California family courts will evaluate how exposure to domestic violence has affected the child emotionally and psychologically.
• The Safety of the Child and Non-Abusive Parent – Ensuring a safe, stable environment for the child and their non-abusive parent is a top priority.
• Willingness of Each Parent to Support Child’s Well-Being – Courts consider whether the abusive parent can provide a nurturing, violence-free home.

If the court grants visitation to an abusive parent, it often imposes supervised visitation to ensure the child’s safety. In these cases, a neutral third party, such as a professional monitor or a trusted family member can oversee visits to prevent any harm or manipulation.

Additionally, courts may require the abusive parent to attend parenting or anger management classes or programs before they can seek increased visitation rights.

Effects on Spousal Support and Division of Assets

California courts recognize the far reaching consequences of abuse, not only in terms of physical and emotional harm but also in financial dependency and inequality. Survivors of domestic violence may be entitled to greater financial protections through spousal support (alimony) or the division of marital assets to ensure a fair and just outcome.

• Denial or Reduction of Support to the Abusive Spouse – If an abusive partner is seeking spousal support or alimony, the court may deny or reduce the request based on their history of violence. Judges will weigh factors such as the severity of the abuse and its impact on your earning ability and emotional well-being. 
• Emotional Distress as a Factor – Psychological harm resulting from domestic violence can impair your ability to work or pursue financial independence even after the abuse is over, which may impact spousal support.

Your attorney can help you present clear documentation of the abuse, such as police reports, medical records, and witness statements, to strengthen your case for fair spousal support.

Long-Term Considerations: Protecting Your Future

Divorcing an abusive spouse is a critical step towards reclaiming your life, but you need careful planning and legal safeguards to ensure your long-term safety and stability. Survivors often face challenges even after their divorce is finalized, which makes it essential to get the proper support and take proactive measures to protect your future.

If you got a restraining order during your divorce, consider extending it beyond the initial term for continued protection. California courts allow survivors to request permanent restraining orders that can last up to 5 years and can be renewed. These orders can help prevent future harassment and provide legal recourse if the abusive partner attempts to violate the terms.

Building your own financial security is a key aspect of moving forward after an abusive relationship. Consider taking the following steps to regain your financial independence:

• Ensure Access to Financial Resources – Take steps to ensure you have access to financial resources that cannot be restricted by your partner.
• Work With a Financial Advisor – An experienced financial professional can help you create a budget and develop a strategic plan for the future.
• Explore Career and Educational Opportunities – If your abusive relationship affected your ability to work, consider job training, education, or career counseling to rebuild your earning capacity. Your attorney can help you find these resources.

California offers several programs and resources, including government assistance, job training programs, and financial aid for survivors of domestic violence.

If children are involved, co-parenting with an abusive ex-spouse can present ongoing challenges. Unfortunately, issues could pop up even years down the line. It’s important to:

• Use family-court approved communication tools to facilitate effective interactions with the other parent. 
• Request supervised visitation if you feel it is necessary.
• Stay informed of your legal options to modify custody or visitation orders in case you have new concerns. Find an attorney you trust with timely and open communication.

The emotional aftermath of domestic violence can linger long after your divorce is finalized. Seeking counseling, joining support groups, and maintaining a strong support system is often essential for the healing process. Many communities in California provide access to free or low-cost counseling services specifically for survivors. 

By staying proactive and working with legal professionals who understand the complexities of domestic violence, you can safeguard your future and create a safe, stable environment for yourself and your children. With the proper support, and a legal team advocating tirelessly on your behalf, you can move forward confidently towards a brighter future.

Contact us today to begin your journey towards safety and peace of mind.