Spouse and Child Abuse Allegations Affect Divorce Cases
Under the California Family Code, spousal abuse is a factor for the court to consider in deciding on the amount of spousal support. An abusive spouse may have to pay additional amounts for any emotional distress that resulted from the violence. If the spouse to receive support has a history of abuse, those payments can be reduced. An accusation of domestic abuse can also have seriously consequences in a child custody battle. Under California Family Code section 3044, a parent who admits to or is convicted of domestic violence forfeits custody. However, even without a conviction, the court, guided by the “best interests of the child,” hesitates to grant physical custody to a parent who is under suspicion.
Naturally, allegations of verbal, physical and sexual abuse against spouses and children make potent weapons in highly contentious divorces. Where a history of domestic violence exists, we present documented evidence to support our client’s case for support and custody. However, we vigorously oppose false allegations of abuse and fight to uphold our client’s reputation. At The Law Offices of Steven E. Springer, we’re dedicated to maintaining high ethical standards for our practice and demand as much from opposing counsel.