Divorce in the State of California is based on no-fault grounds, meaning
that even in situations where a spouse is accused of domestic violence,
the ability to obtain a divorce typically involves irreconcilable differences
between spouses. With that being said, this does not mean that violent
acts will not have any impact on your divorce.
Domestic violence restraining orders can affect the divorce process in
a variety of ways, including:
Negotiations: While spouses are encouraged to come together and collaboratively work
out the terms of their divorce through negotiations, this may not be possible
if one spouse has a restraining order against them. In that event, the
spouses may be legally required to stay away from one another and not
communicate with each other while the protective order is in effect. While
a collaborative divorce may still be possible through the use of legal
representatives as intermediaries, tensions between spouses over their
past history of violence can make this difficult to accomplish.
Living situations: In normal situations, both spouses are allowed to remain in the family
home throughout the duration of the divorce if they wish. If a spouse
is accused of violent behavior, however, he or she may be ordered by a
judge to vacate the family home and stay away until the restraining order
Spousal support: Accusations of domestic violence can also have a substantial financial
impact in some divorce cases. Under California Family Code Section 4325,
it is presumed that a person convicted of domestic violence within five
years of their divorce will not have any entitlement to receive
spousal support. While this presumption may be challenged, doing so can be difficult.
These are just a few of the myriad of ways in which accusations of domestic
violence or restraining orders may affect the outcome of your divorce.
As such, it is vital to consult with a knowledgeable
Irvine family law attorney from The Buncher Law Corporation to fully understand your legal options.
Having handled numerous of cases and earned countless appreciative testimonials
from past clients for our unparalleled advocacy, our team has what it
takes to help you get through this difficult time as smoothly as possible.
Dial (949) 536-7500 or
contact our office online today to discuss your case in detail.