Abuse charges in divorce cases can make your divorce much harder and more stressful. When your spouse claims you committed domestic violence, your whole case changes. These claims affect your divorce process and could lead to criminal charges, too. At Perlman & Cohen Los Angeles Criminal Lawyers, we help people facing abuse allegations. We protect your rights during this tough time. Our team knows how to handle both family law and criminal law issues.
These abuse claims do more than complicate your legal case. They hurt your reputation, limit time with your children, drain your money, and block future opportunities. That's why you need a good divorce attorney when facing domestic violence allegations.
When your spouse brings up abuse during divorce proceedings, everything changes fast. Family courts take domestic violence claims very seriously. Judges often give out protective orders right away, even before checking if the claims are true. These allegations can affect both your divorce case and start separate criminal charges.
California law defines domestic abuse as:
Family courts need less proof than criminal courts. They need to believe abuse "probably happened" instead of proving it "beyond a reasonable doubt." This lower standard means abuse claims can hurt your divorce even if you're found not guilty in criminal court.
Studies show that about 25% of contested divorces include domestic violence claims. Family court judges have a responsibility to protect potential victims. At the same time, they must ensure that false claims do not unfairly harm the accused parent. If you're facing such allegations, working with our law firm helps build a powerful defense that protects your rights in the legal system.
Courts look at different kinds of abuse in divorce and family matters. Each type of domestic abuse affects child custody decisions, spousal support, and property division in different ways.
Physical abuse means causing bodily harm to your spouse. This includes hitting, pushing, grabbing, or any action causing pain or injury. In California, proving physical abuse can lead to significant legal challenges for the alleged abuser. These challenges include facing criminal charges that are separate from the divorce case.
Evidence in physical abuse cases often includes:
If your spouse files charges like these against you, we help find evidence that tells your side of the story. This might include text messages, proof of where you were, or what witnesses saw. California judges take these claims seriously, but they know evidence can be twisted during heated divorces. If the judge believes these claims, you could lose custody rights and face jail time, too.
Emotional abuse happens when one spouse harms the other's mental health. This can include constant criticism, threats, control, or isolation. Although it doesn't leave visible bruises, family court judges understand that such behavior can deeply affect the abused spouse. It can impair their ability to function well both during the divorce and afterward.
Proving emotional abuse often uses:
Many divorcing spouses now face claims of being emotionally abusive. To defend against these claims, we show all your communications and explain your relationship dynamics. Judges have the authority to restrict your custody or visitation rights if they determine emotional abuse has occurred. This decision can be made even in the absence of physical violence.
Financial abuse occurs when one spouse uses money to control the other. This includes restricting access to bank accounts, scrutinizing every expense, and preventing the other spouse from working or concealing marital assets. In divorce proceedings, these claims often affect property division and whether you'll pay alimony.
Courts look at:
If your spouse claims financial abuse, we help show normal financial decisions versus actual control. California family law considers financial abuse as domestic violence, affecting how marital property is divided and alimony is set. We help explain your money decisions during marriage with proper context.
False domestic violence claims can sometimes emerge in divorce proceedings, particularly during heated child custody battles. While every domestic violence claim deserves serious consideration, some arise from misunderstandings or attempts to gain an advantage in divorce negotiations.
When facing false allegations, you have a tough fight ahead in both family courts and criminal court. The accusations alone can damage your reputation long before any court decision. A quick legal response is vital. Save all communications, keep detailed records, and find witnesses who know the truth about your relationship.
At Perlman & Cohen, we handle these sensitive cases with care and strategy. We know courts must protect potential victims but also recognize that false claims cause real harm. Our defense focuses on finding problems in the filing spouse's story and showing evidence of your true behavior. We work to prevent temporary orders from becoming permanent without a proper review of all facts in your divorce case.
Child custody decisions change completely when domestic violence enters the picture. California courts put children's safety first, making it harder for a parent with domestic abuse findings to get custody. You can overcome this barrier, but you need compelling evidence that giving you custody serves your child's emotional and physical health needs.
Family court judges review:
During investigations, temporary custody arrangements often limit the accused parent's access to children. Sometimes, these arrangements allow only supervised visits. Without proper legal help, these temporary orders can become permanent. It can limit your role in your children's lives and give the other parent sole custody or full custody.
Protective orders create legal boundaries between you and your spouse during divorce cases with domestic violence claims. California has several types:
The process starts when one spouse asks for protection, often resulting in immediate orders without hearing your side. You'll get a chance to fight such an order at a hearing, usually within 21 days. These orders can force you from your home, stop contact with your children except under strict rules, and require giving up guns. Following these orders exactly is crucial, even while fighting the claims. Breaking a temporary restraining order can bring new criminal charges regardless of whether the original abuse claims were true.
When abuse allegations appear during divorce, you often face two separate legal battles at once. Criminal courts decide if you're guilty, while family courts handle your future family arrangements and money matters.
Being convicted of domestic violence creates big problems in your divorce case. California courts must consider such convictions when dividing property. Judges can give all community property to the victim in serious abuse cases. If you're convicted of domestic violence against your spouse, the court may refuse to let you receive alimony in this no-fault divorce state.
The biggest impact affects child custody. A domestic violence conviction makes it much harder to get custody. To overcome this, you need convincing evidence that giving you custody or unsupervised visits serves your child's best interests. With good legal help, you might reduce these consequences through plea deals, special programs, or proof that you've changed your behavior.
Handling both criminal and family court requires understanding how they're different. Criminal court demands proof "beyond a reasonable doubt" - the highest legal standard. Family court uses "preponderance of evidence" - basically, what's more likely true than not. This difference means that the civil court might still rule against you based on abuse claims even if the criminal court finds insufficient evidence to convict you.
Evidence from one case often transfers to the other, creating tough choices about what to say. Things you say in family court might hurt your criminal case, but staying silent in criminal proceedings might look bad in family court. This balancing act requires lawyers who understand both systems. At Perlman & Cohen, our experience in both criminal defense and family law helps us create strategies protecting your interests in all proceedings.
Besides legal and emotional impacts, abuse allegations bring serious monetary consequences in divorce proceedings. In California and other community property states, proven domestic violence can shift property division heavily in your spouse's favor. Judges can award an uneven split of marital assets when they find abuse happened.
Spousal support decisions also change with abuse claims. If you're convicted of domestic violence against your spouse within five years of filing for divorce, the court assumes you shouldn't receive support. If you must pay alimony, allegations might increase how much and how long you pay. These financial risks make a solid legal defense crucial. Legal fees for fighting both divorce and criminal charges add up quickly, creating money problems during an already stressful time.
Sometimes, the spouse making abuse claims is actually the abuser, using courts to control you. If you're the true victim facing false accusations, keeping records is essential. Save all threatening messages and note when witnesses see bad behavior.
Your behavior matters, too - staying calm during legal battles helps your case. Working with a therapist experienced in domestic abuse while working with your legal team builds a strong foundation. At Perlman & Cohen, we help clients understand the difference between normal conflict and actual spousal abuse. We build defenses that show the truth while protecting your rights throughout the divorce process.
If you face abuse charges during divorce, what you do now shapes your future. At Perlman & Cohen Los Angeles Criminal Lawyers, we bring years of experience defending clients against domestic violence claims while protecting their interests in divorce proceedings. Our background in both criminal law and family law gives us the knowledge to create complete strategies addressing all parts of your case.
Don't wait to get help. The early days of abuse allegations are critical for protecting your rights, reputation, and relationship with your children. Contact us today for a free consultation with our experienced defense team. We fight for your rights and guide you through this tough time with skilled, caring representation that leads to favorable outcomes.
Our goal is to ensure you understand all aspects of your legal situation while building the strongest possible defense against abuse charges in your divorce case.
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