Domestic violence is an undeniably severe matter. Lives and livelihoods are put at risk every day because of acts of violence in the home. If you or someone you know has been the victim of domestic violence, we advise you to contact the National Domestic Violence Hotline at 800-799-7233 or seek out resources in your California community.
With that said, accusations of domestic violence also put livelihoods at risk. Victims of domestic violence deserve to be heard, but so too do those who are falsely accused. Accusations without evidence still have a far-reaching impact, especially when it comes to divorce in California. Here’s what you need to know and prepare yourself for if there are accusations of domestic violence present in your divorce case.
California is a No-Fault Jurisdiction
Some people believe if they claim violence is present they can get a divorce. This is true, but it’s also true that the state of California allows anyone to get a divorce without a reason. You do not need to have a reason to get a divorce.
Some people feel shame getting divorced without what others would consider a “genuine” reason, but no-fault divorce exists to make sure people do not have to stay in marriages that no longer bring joy or safety.
California Courts Lean Towards Caution
If accusations of domestic violence are present, California courts lean towards caution and tend to issue protective orders without the need for significant evidence. This means you won’t be able to see your kids, could be prevented from entering your own home, and puts you in a difficult position as you start your divorce case.
We frequently represent individuals on both sides of accusations of violence and understand that people abuse people – but people abuse systems, too. Our goal is to fight to ensure false accusations of violence do not prevent you from seeing your kids, your home, or your future. Accusations of harassment often satisfy a request for a protective order, so the bar is not significantly high.
Violence Impacts Custody and Visitation Orders
California family courts issue child custody and visitation orders based on the circumstances presented. If the courts believe one parent has a tendency to become violent then the courts will issue custody to the other parent and will likely require supervised visitation or strictly limit visitation.
Presenting your case in front of the California divorce court is imperative to protect your time with your children. If your spouse presents their case and you aren’t prepared, you could end up with little time with your children and significant child and spousal support bills.
At KL Family Law, we believe in helping California families with compassion and integrity. This means using the truth to get the results clients and families deserve. Contact our law firm if you are dealing with a divorce and have had false accusations of violence or harassment levied against you.
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