Domestic violence is a serious issue that can be prosecuted in criminal
court. If there is sufficient evidence of domestic violence against a
spouse or worse, a child, the offender can end up in jail, with a restraining
order and with a criminal record.
In some cases, specifically when the abusive spouse has sufficient income
or assets, an abused spouse may sue their abusive husband or wife in civil
court, seeking damages for medical bills and pain and suffering.
Can evidence of abuse lead to a greater divorce settlement? California
is a no-fault divorce state. This means that you cannot seek a larger
portion of the marital property because you were a victim of abuse during
This is because in California, factors such as
domestic violence and adultery do not affect property division or
spousal support. When dividing a couple's marital assets and debts, the judge is concerned
about the fact that the marriage ended, he or she is not concerned about why.
Domestic Violence Can Impact Child Custody
Evidence of domestic violence can, however, impact child custody. Especially
if the domestic violence is recent, or if an arrest has been made.
If it can be proven that one spouse has been abusive towards the other
spouse or the children, this can certainly have a bearing on
child custody in a California divorce case and we promise you…the judge will
Will the judge decide that the abusive parent can't see their kids?
It depends on the facts of the case and the evidence. What matters most
to the judge is protecting the children's safety while preserving
If your marriage has a history of violence, reach out to a Los Angeles
divorce lawyer from Claery & Green, LLP as soon as possible. Let us
help you achieve a safe and satisfactory divorce.