Domestic Violence Accusations And Custody
When spousal abuse allegations are raised in a divorce, all the stakes are raised. In California, the law makes a presumption that a parent who abuses a child’s other parent should not be given joint custody of the child.
At the Law Offices of John A. Guthrie with offices in Pleasanton and Danville, our attorneys have extensive experience representing both sides in cases that involve domestic violence accusations.
Immediate Restraining Orders
If arguments have escalated to the point of physical harm, we can help you obtain protection through a restraining order against your spouse. We have nearly 25 years of experience in family law and domestic violence matters, and we can help you understand your options for enforcing the order.
After deciding to seek a divorce, it is crucial to discuss how domestic violence will affect the case before filing for a divorce.
Fighting False Accusations
On the other hand, if you believe that your spouse has falsely claimed that you have committed abuse, you need to speak with a domestic violence attorney as soon as you can. Just an allegation during a divorce or separation can have serious consequences, including:
- Removal from your home.
- Limited/supervised visitation with your children.
- A criminal record and subsequent charges if violating the restraining order.
As more employers and leasing companies perform background checks, a charge or conviction for domestic violence could limit options for finding new work or housing.
Sensitivity To DV Issues
Not all attorneys know how to handle such cases that involve domestic violence. We offer free consultations, so don’t hesitate to contact us if the specter of abuse has raised its ugly head in your divorce.