Domestic Violence and Divorce

Domestic Violence and Divorce: Navigating Complex Legal Challenges

In Los Angeles, domestic violence can significantly impact your divorce proceedings, affecting spousal support, child custody, and property division. While California is a no-fault divorce state, domestic violence is an exception and can affect key aspects of your case.

If you’ve experienced or been accused of abuse, it’s important to understand how this will affect your divorce. A Los Angeles domestic violence attorney can guide you through this complex and emotional process.

What Does Domestic Violence Include in a Divorce?

California defines domestic violence broadly, which can include:

• Physical or sexual assault
• Emotional abuse (verbal abuse, intimidation)
• Stalking, harassment, or threats
• Isolation or deprivation of basic needs
• Excessive control over finances or resources

To prove domestic violence, you can present:

• Criminal convictions (misdemeanor or felony)
• Photos, medical records, or diagnoses of injuries
• Restraining or protective orders
• Testimonies from witnesses or law enforcement
• Evidence of stalking or harassment

Family courts have a lower burden of proof than criminal courts, meaning abusive behavior can affect decisions even without a criminal conviction.

How to Prepare for Domestic Violence in Divorce Proceedings

If domestic violence is part of your divorce, here’s how to prepare:

• Document everything: Keep a record of abusive incidents, including photos, texts, emails, and medical records.
• Get a restraining order: If you’re a victim, a restraining order can protect you and your children during the divorce.
• Gather evidence: If you’re falsely accused, collect evidence and witness testimonies to refute claims.
• Work with an experienced lawyer: An attorney specializing in domestic violence can help you present your case, whether you’re a victim or defending against false allegations.

Our Los Angeles attorneys are here to provide compassionate support and protect your rights.

Los Angeles Automatic Temporary Restraining Orders (ATROs)

In Los Angeles, a divorce automatically comes with Standard Family Law Restraining Orders as part of the divorce process, outlined in your Summons (California Form FL-110). These restrictions apply to both spouses:

• No passport applications for your children without court approval.
• No moving children out of state without consent or a court order.
• No changes to insurance or assets – You cannot alter policies that benefit you or your children.
• No sale or transfer of property unless necessary for daily life or in the usual course of business.
• No altering trusts – You cannot change non-probate transfers like a revocable trust.

Violating these automatic restrictions can lead to serious consequences in your divorce proceedings.

Facing a divorce involving domestic violence in Los Angeles? You don’t have to navigate the fear and the legal bureaucracy alone. Whether you need to file an emergency “Ex Parte” order for protection or ensure that a history of abuse is factored into your custody and support trial, Moradi Neufer provides the aggressive advocacy and compassionate guidance you deserve.

How Do Restraining Orders Affect Your Divorce?

Restraining orders, whether past or current, can significantly impact your divorce. They can be used as evidence of domestic violence, influencing decisions on spousal support, child custody, and property division.

Restraining orders can also affect the divorce process itself:

• Restrictions on Contact – If a restraining order requires you and your spouse to stay apart, it may prevent you from meeting to negotiate or mediate.
• Living Arrangements – The spouse accused of abuse may be ordered to leave the family home during divorce proceedings.
• Child Custody – The abusive spouse may be restricted from seeing the children unsupervised until custody is finalized.
• Violation Consequences – Any contact that violates the restraining order—whether in person, by phone, email, or through a third party—can lead to arrest.

How Does Domestic Violence Affect Spousal Support?

Spousal support helps both spouses maintain their quality of life after divorce, particularly when there’s a significant income gap. However, California courts typically do not award alimony to abusive spouses:

• Felony domestic violence conviction: The abusive spouse is automatically barred from receiving spousal support.
• Misdemeanor domestic violence conviction: California law creates a presumption against granting spousal support, though it can be challenged.

The abusive spouse may argue for support by presenting:

• Evidence of mutual abuse
• Proof that they were actually the victim

The presumption against granting support is strong, especially for both temporary and permanent spousal support.

How Does Domestic Violence Affect Child Custody?

When deciding child custody, California courts prioritize the best interests of the child. A history of abuse makes it unlikely that the abusive parent will receive sole or joint custody, even if the children weren’t directly harmed.

To overcome this, the abusive parent must show:

• Completion of required counseling and rehabilitation programs
• Attendance at parenting classes
• No further incidents of abuse

If the court isn’t convinced, they may deny custody or grant only supervised visitation.

How Can Domestic Violence Affect Property Division?

In Los Angeles, property division is generally based on community property laws, meaning assets are split equally, and you keep your separate property.

However, domestic violence can affect this process. A court may order the abusive spouse to forfeit their share of community property if:

• The abused spouse has medical bills or debts from the abuse, and the abuser must cover them.
• The abused spouse couldn’t work or lost their job due to the abuse.
• The abuser hid assets to control or restrict the other spouse’s finances.

Taking the First Step in Your Divorce

If you’re facing domestic violence in your divorce, the first step is to speak with an experienced Los Angeles family law attorney. We will:

• Protect your rights and ensure evidence of abuse is properly presented
• Help you file restraining orders if necessary
• Assist in negotiating custody and property division with consideration of the abuse

Call us today at (415) 625-4587 for expert guidance on how domestic violence can impact your divorce and how to protect yourself moving forward.

Common Questions About Domestic Violence in Divorce

1. How does domestic violence impact child custody in Los Angeles?

Under California Family, if a judge finds that a parent committed domestic violence within the last five years, there is a rebuttable presumption that awarding that parent sole or joint custody is not in the child’s best interest.

• The Burden of Proof: The abusive parent must prove to the court that they have completed rehabilitation (like a 52-week batterer’s intervention program) and that their custody would be safe for the child.
• Supervised Visitation: If the court allows contact, it is often restricted to supervised visits at a professional facility or with a court-approved monitor.

2. Can an abusive spouse still receive spousal support (alimony)?

California law is very strict on this. There is a presumption against awarding spousal support to a spouse who has a domestic violence conviction.

• Felony Conviction: If the spouse was convicted of a felony domestic violence charge, they are generally prohibited from receiving support.
• Misdemeanor Conviction: This creates a presumption that support should be $0, though the abusive spouse can try to “rebut” this by showing they were also a victim or by citing other equitable factors.

3. What are ATROs, and how do they differ from a DVRO?

• ATROs (Automatic Temporary Restraining Orders): These go into effect automatically for both spouses the moment a divorce is filed. They are financial and logistical “freezes”—preventing either party from hiding money, selling property, or moving children out of state.
• DVRO (Domestic Violence Restraining Order): This is a specific order you must request. It provides personal protection, such as ordering an abuser to stay 100 yards away from you, move out of the family home (a “kick-out order”), or surrender their firearms.

4. How does domestic violence affect the division of community property?

While California is a 50/50 community property state, a judge can adjust the split if domestic violence resulted in “economic fruit of the abuse.”

• Medical Bills: The court may order the abuser to pay the victim’s medical bills or therapy costs out of their half of the assets.
• Attorney’s Fees: Under Family Code § 4325, an injured spouse may be entitled to have their attorney’s fees paid out of the community assets, while the convicted spouse cannot use community funds for their own defense.

5. Can I get a restraining order even if there was no physical hitting?

Yes. In Los Angeles family courts, domestic violence is defined broadly. You can seek protection for:

• Coercive Control: Monitoring your movements, isolating you from family, or controlling all access to money.
• Disturbing the Peace: Repeatedly calling, texting, or “gaslighting” that destroys your mental or emotional well-being.
• Digital Abuse: Publicly sharing private texts or using tracking devices/apps to stalk you.