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Domestic violence allegations can complicate California divorce

On Behalf of | Jul 5, 2013 | Domestic Violence

News reports say that the fire chief in Fresno, California was arrested on suspicion of domestic violence in late June. Law enforcement received a 911 call reporting an incident at a home near the San Joaquin Country Club. Officers claim that the fire chief was in his yard. Police believe that the man was under the influence and was not cooperative with authorities.

The man’s wife reportedly also works for the city as an emergency manager. She reportedly says that the ordeal was an overreaction and involved only a parenting dispute. There is nothing in recent reports to suggest that the couple is contemplating a divorce. But the issue of domestic violence is brought to light by the recent reports.

The Fresno Bee reports that domestic disputes may be more common than people may think, with more than 6,000 cases handled by Fresno police in 2012. The exact number 6,036 was down from the 6,666 reported in 2011, and more than 7,000 handled in 2010.

The Fresno Bee reports that domestic disputes may be more common than people may think, with more than 6,000 cases handled by Fresno police in 2012. The exact number 6,036 was down from the 6,666 reported in 2011, and more than 7,000 handled in 2010.

The issue of domestic violence allegations can occur between a husband and wife in many various types of situations. However, domestic violence issues during a California divorce can have significant impact upon the family court proceedings.

Generally, a person may seek to have a restraining order placed against a spouse under California law. But, the other spouse may wish to defend against allegations of domestic abuse. Notably, allegations of domestic abuse against a spouse during a divorce proceeding can create issues in any child custody dispute.

California law does not look favorably on a person accused of spousal abuse. And the allegations can lead to a presumption against the parent accused of abuse in a child custody dispute.

Emotions in any divorce may run high. A person contemplating ending a marriage should consider consulting with a family law attorney to assist in not only the divorce proceeding, but to get advice on how California family law works so that disputes may be better resolved with an eye toward the standards recognized by the ccourts.

Source: Fresno Bee, “Fresno ccourts system handles 6,000-plus domestic violence cases annually,” Jim Guy, June 19, 2013