Domestic Violence
A party who has been found to have engaged in domestic violence is presumed to be an unfit parent. Therefore, a finding of domestic violence can negatively effect a parent's custody rights. A party who is a victim of domestic violence should seek intervention from the police and the courts. The police department has the authority to arrest and to remove the abuser, and to issue an emergency protective order. A court has the authority to issue a temporary restraining order, and to order the offending party out of the home, pending a hearing on a permanent injunction. On the other hand, a party who believes that s/he has been wrongfully accused of domestic violence should seek the advice of an experienced litigator who can protect his or her custody rights. It is not uncommon for one parent to make false allegations of domestic violence in order to gain leverage in a family law proceeding.
Effect on Spousal Support
Family Code section 4325 (a) provides that if one of the parties to a divorce proceeding has been convicted of domestic violence within five (5) years prior to the filing of a petition for dissolution of marriage, or any time thereafter, there is a rebuttable presumption that the offending spouse will not be entitled to temporary or permanent spousal support.
A criminal conviction for domestic violence is not required in order for courts to refuse to order spousal support. Family Code section 4320 (i) provides that a court make take other factors into consideration. These factors include consideration of emotional distress resulting from acts of domestic violence, and any history of violence against the supporting party by the supported party.
Thus, in the absence of a criminal conviction, the supporting party may present other evidence of domestic violence. For example, the filing of police reports, pictures of abuse, or medical records which substantiate injuries caused by abuse, would be good evidence of a history of domestic violence.