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 your marriage.
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 be interested.
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 parental rights.
If your marriage has a history of violence, reach out to a Los Angeles divorce lawyer from Claery & Hammond, LLPas soon as possible. Let us help you achieve a safe and satisfactory divorce.