It’s Complicated – It’s Serious – It Requires Courage – It Requires Good Judgment – It Requires Self-trust – It Has Consequences – It Can Be A Weaponized Tool In A Divorce Case – It Requires Protection!

Spousal abuse is a serious and complicated issue that requires courage, self-trust, and immediate action. If you are experiencing abuse, it is vital to recognize that you require protection, as abuse can have severe consequences and, unfortunately, can sometimes be weaponized in divorce proceedings

Immediate Steps for Protection

If you are a victim of legitimate spousal abuse, consider the following actions:

• Emergency Assistance: Call 911 immediately for police response and protection. Law enforcement has the authority to issue a Temporary Protective Order, which typically lasts for 10 days
• Safe Shelter: A victim may consider finding protection by entering a temporary stay at a home for domestic violence (DV) victims

Seeking a Domestic Violence Restraining Order (DVRO)

Engaging an experienced lawyer to prosecute and seek a Domestic Violence Restraining Order (DVRO) is a critical step. If sustained by the court, a DVRO can impose the following on the perpetrator:

• Permanent Protections: A permanent DVRO—including no-violence, stay-away, and no-contact orders—can remain in effect for 1 to 5 years, with the possibility of extension depending on future circumstances
• Mandatory Counseling: The court may order the perpetrator to attend 52 weeks of domestic violence counseling
• Surrender of Weapons: The court can order the perpetrator to surrender all weapons, including guns and rifles
• Residence Exclusion: The court may issue an order requiring the perpetrator to move out of the residence shared with the victim

Consequences in Divorce Cases

Domestic violence can significantly impact a divorce case, particularly regarding child custody. Under Family Code section 3044, a perpetrator of domestic violence creates a rebuttable presumption that awarding them sole or joint custody is contrary to the child’s best interests

To gain custody, the perpetrator must prove by a preponderance of the evidence that doing so is in the child’s best interest, which is often a difficult burden of proof. The court considers several factors, including:

• The safety of the child
• Completion of a batterer’s intervention program
• Compliance with restraining orders
• Successful completion of any court-ordered alcohol, drug, or parenting programs

Additionally, the court may order limited or supervised visitation, or deny visitation entirely under Family Code section 3031

Costs and Considerations

The cost of pursuing a DVRO depends on the specific circumstances. While it can be expensive, there are resources available, including public assistance programs, low-cost law firms, and the Los Angeles Superior Court facilitator, who can assist victims in pursuing a DVRO in pro per. Notably, if a victim is successful in sustaining a DVRO after a hearing, they may be entitled to an order requiring the perpetrator to pay their attorney’s fees

It is also important to be aware of the “weaponization” of the DVRO process, where false claims may be made to gain an unfair advantage in divorce, custody, or support orders. Furthermore, the financial and emotional impacts of a DVRO can be significant for all parties involved, including the children

Additional Resources

You can download the full document regarding spousal abuse for further details:

Download Spousal_Abuse_Information.pdf

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney regarding your specific situation.