310-552-3500
Land Legal Group is dedicated to providing high-quality legal services throughout Los Angeles and surrounding areas, including Little Tokyo, Old Chinatown, Naud Junction, New Chinatown, Aliso Village, Mission Junction, Taylor Junction, Angelino Heights, Pico Gardens, Brooklyn Heights, Glendale Junction, Butte Street Junction, Dayton Avenue, Boyle Heights, Lincoln Heights, Wyvernwood, and Saint James Park. With a deep understanding of the unique cultural dynamics and legal needs of each neighborhood, we are committed to providing compassionate and effective legal representation to our clients.
Our Los Angeles family law attorneys at Land Legal Group know domestic violence can have a significant impact on divorce cases in California, influencing various aspects of the proceedings, including the division of assets, spousal support, child custody, and visitation rights.
California courts take domestic violence allegations seriously, and these claims can shape the outcome of a divorce in several critical ways. Here, we discuss the potential impact.
What Impact Does Domestic Violence Have on Child Custody and Visitation in California?
California law presumes that awarding custody to a parent who has committed domestic violence within the last five years is detrimental to the child. The offending parent must overcome this presumption by showing evidence that it is in the child’s best interest to be in their custody.
If the court grants visitation to a parent who has committed domestic violence, it may order supervised visitation to ensure the child’s safety. The supervision might be temporary until the parent demonstrates behavioral changes or fulfills court-ordered requirements, such as anger management classes.
Domestic violence allegations can also lead to the denial of joint custody. The court prioritizes the child’s well-being and may award sole custody to the non-abusive parent.
What Impact Does Domestic Violence Have on the Division of Assets and Spousal Support in California?
While California is a community property state, assets are typically split 50/50, and domestic violence can influence the division. Courts may award a more significant share of the marital property to the victim, especially if the abuse has resulted in financial control or exploitation.
Domestic violence can also affect spousal support. If the abuser is ordered to pay spousal support, the court may consider the abusive behavior in determining the amount and duration. Conversely, victims may be awarded spousal support to help them regain financial independence.
Contact Our Skilled Los Angeles Divorce Attorneys Today for Help
Domestic violence profoundly influences divorce proceedings in California, with courts prioritizing the safety and well-being of the victim and any children involved. Given these complexities, individuals involved in divorce cases with domestic violence should seek legal guidance to navigate the challenges effectively.
Call (310) 746-5857 or contact us online today to connect with the Land Legal Group’s team of adept family law attorneys in Los Angeles. You do not have to face the trauma of domestic violence and the complexities of a California divorce on your own. We can help.
