San Francisco Domestic Violence Attorneys

Domestic violence and restraining orders can complicate California divorce proceedings, affecting everything in your San Francisco domestic violence case from spousal support to child custody and property division. If you’ve been accused of abuse or you’ve experienced abuse at the hands of a domestic partner, that will affect the process and outcome of your divorce. At Moradi Saslaw, our experienced and knowledgeable  domestic violence attorneys can help you navigate this difficult time.

The burden of proof for demonstrating domestic violence is much lower in divorce cases compared to criminal cases. So a family court judge could base their decision on a domestic partner’s abusive behavior even if they were never convicted of a crime for their actions.

How do restraining orders work in California divorce?

Restraining orders past and current can be brought as evidence of domestic violence and can ultimately affect whether you get spousal support, child custody, or equal division of assets.

If either spouse has an active restraining order against the other, the terms of that protective order can affect your divorce proceedings. For example:

• If the restraining order requires spouses to stay a certain distance away from each other, you may not be able to meet to negotiate or mediate your issues.
• Normally both spouses have the right to remain in the family home during the divorce, but the spouse accused of domestic abuse may be ordered to leave by the judge.
• An abusive spouse may be barred from seeing their children without supervision during the divorce process, even before custody is finalized by the court.

Any contact, stalking, or threatening behavior can violate the restraining order and result in arrest, whether the contact is in person or through email, social media, calls, or texts. Indirect contact through family members or other third parties is also prohibited.

California’s Automatic Temporary Restraining Orders (ATROs)

Under California law, a divorce automatically comes with certain “Standard Family Law Restraining Orders” as detailed in your Summons filing (California Form FL-110). Under the standard restraining orders in all California divorces, neither spouse may do the following without a court order or the other spouse’s consent:

• Filing passport applications for your children
• Moving your minor children out of state
• Cashing, canceling, transferring, leveraging, or changing the terms of any insurance policy benefiting your spouse or your children
• Selling, leveraging, gifting, or hiding any personal or real estate property unless “in the usual course of business or for the necessities of life”
• Creating or changing a non-probate transfer such as a revocable trust

These automatic restrictions apply to both spouses even without a restraining order already in place. Violating these rules could result in serious consequences for you in your divorce.

How does domestic violence affect spousal support?

Spousal support and alimony payments help both spouses continue their quality of life after divorce. However, California courts try to avoid making victims of domestic abuse pay alimony or spousal support to an abusive spouse, no matter their financial situation. In the last 5 years:

• If a spouse has a felony domestic violence conviction, then they will automatically be banned from receiving any alimony or spousal support.
• If a spouse has a misdemeanor domestic violence conviction, then California law carries a rebuttable presumption against giving them any spousal support.

A rebuttable presumption gives the party convicted of abuse’s domestic violence lawyer the chance to argue why they should receive spousal support despite their domestic violence record. They can present:

• Evidence of abuse that went both ways so that the playing field should be even, or
• Proof that the abuse actually happened the other way around.

Still, the law’s bias against giving alimony to a convicted abuser is strong. Depending on the facts of the domestic violence conviction, the presumption can be difficult to overcome. This rule applies to both temporary and permanent spousal support.

How does domestic violence affect child custody?

When California family courts decide child custody, a record of abuse goes against a child’s best interests, which means domestic violence issues will affect child custody both during and after a divorce.

Similar to spousal support, a domestic violence conviction creates a presumption that the abusive parent or caretaker should not have sole or joint physical custody of the couple’s children.

To overcome this presumption, a spouse convicted of domestic violence who claims that it’s in the child’s best interest to have them in their lives must demonstrate that they’ve:

• Completed all the required alcohol or drug dependency counseling, psychological counseling, and batterer’s intervention programs,
• Attended all parenting classes assigned by the judicial system or child services,
• Complied with all of their probation or parole obligations,
• Followed the terms of any restraining or protective orders filed against them, and
• Avoided any additional domestic violence incidents after their conviction.

If the court isn’t convinced that more abuse won’t occur in the future, the convicted party may lose custody of their children completely or get limited, supervised visitation only.

How can domestic violence affect property division?

Generally, “fault” won’t play a role in how property is divided in a California divorce. You would normally keep all your separate property and split the community property assets in half.

However, domestic violence can change that equation. A California court may order a domestic abuser to forfeit their share of the community property or give it to the other spouse if:

• Their spouse has medical bills or debts resulting from the injuries they suffered in the abuse, in which case the abuser would become responsible for paying
• Their spouse was unable to work or lost their job because of their abuse or threats
• They hid assets from their spouse in order to control or restrict their activities

San Francisco's most trusted Family Attorneys

Whether it’s a simple asset division, a basic custody agreement, or more intricate matters like dividing stock options, limited partnership interests, or a contested custody dispute, we develop creative strategies to meet every goal. Our premier divorce lawyers have a strong record of courtroom success and negotiated settlements.

Awards and Memberships

Success Stories that answer ‘Why Moradi Saslaw?’

Kiana Moradi has an unquestionable understanding of Bay Area family law Which includes partnership interests, startup economics, and custody disagreements, especially as they relate to the specific needs and understandings of the San Francisco area. I would highly recommend them for just about any situation.

- Alec Los Angeles, CA

Jennifer handled my case. She is shrewd and trustworthy. Jennifer handled my case. She is shrewd and trustworthy. What I valued the most is that she made me feel safe; that meant more than anything to me. I felt I had someone strong on my side though she treated both parties with respect.

- Mia Google Review

View Client Testimonials

Contact San Francisco’s best Domestic Violence Attorneys