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Sunday, May 30, 2021

Spousal Support and Misdemeanor Domestic Violence Conviction--Will It Affect Spousal Support??

An actual conviction of misdemeanor domestic violence against the other spouse within 5 years prior to the dissolution proceeding being filed, or after-- there does exist a possibility via rebuttable presumption, that the spouse who was convicted--is not entitled to receive spousal support under CA Family Code section 4325. Under CA PC1203.097, if such abuse is done by a spouse against the other party (within 5 yr prior to the divorce filing or during the divorce), there is a rebuttable presumption that convictions which occur on or after Jan 01 2019, are applicable...)
It is stated under that specific code, that an injured spouse should not be required to pay any attorney fees of the convicted spouse out of the injured party's separate property. It is suggested that IF you are an injured spouse, due to the domestic violence of your former spouse, to look at this law in detail to see if you qualify for not having to pay spousal support.....felony convictions are even more severe under FC4324.5. In addition, if you need monetary help, the State Board of Control in Sacramento handles some of the monetary aspects for crime victims. They can also help victims get more protection through criminal protective orders instead of just a "DV TRO" which in some cases, is not enough of a deterrent to stalkers, for example, or those with mental illness, serious drug use, etc.