Los Angeles Domestic Violence Lawyers

California Domestic Violence Legislation

Pursuant to the Domestic Violence Prevention Act (California Family Code § 6200 et seq.), domestic violence charges encompass a wide range of abuse.  These include spousal abuse and child endangerment. A threatening or violent act, the fact that the accused did not intend to harm or compromise the safety and security of the victim notwithstanding, could be grounds for prosecution according to the California Domestic Violence laws.

Domestic Violence: An Overview

The term “domestic violence” can be defined as abuse by one partner against the other in a marriage or other type of intimate relationship. 

The California Partnership to End Domestic Violence reports that:

• Roughly 40 percent of women in California will experience domestic violence at some point in their lifetime,
• Women between 18 and 24 years of age are significantly more likely to be victims of domestic violence than other age groups,
• Among this group of women, 75 percent had children under the age of 18 in the home at the time of the abuse,
• In the state of California, about 40 percent of the calls connected to domestic violence involved the use of a weapon, and
• Domestic violence programs in California State respond to about 38 calls per hour

Some examples of acts of domestic violence abuse include:

• Intimidation
• Threats
• Annoying Phone Calls
• Stalking (for example, following the victim to and from work and threatening the victim)
• Physical Assault or abuse (including hitting, slapping, pushing, shoving or kicking)
• Verbal, social, and sexual abuse.

Domestic Violence in the Context of Your divorce

Even though California is a no-fault state with regards to divorce, there are some circumstances under which fault could be a factor, particularly a domestic violence conviction. In California, when a spouse gets convicted of domestic violence against the other spouse during the previous five year period, the presumption is that the convicted spouse is not entitled to an award of spousal support. Bear in mind, this is a “rebuttable” presumption.  It is not an automatic presumption.  This means that the convicted spouse has the right to present evidence to “rebut” the presumption against him or her. If domestic violence was perpetrated on both sides, then this could be taken into consideration by the judge, and spousal support could possibly be awarded to the convicted spouse.

Domestic Violence and the Division of Property

Domestic violence may also have an impact on the division of community property during your divorce. There are instances in which a conviction for domestic violence could be taken into consideration during the process of property division.  This is particularly the case when the court has reason to believe the domestic violence was a factor in the deterioration of the marriage. A judge could also find that domestic abuse against one spouse may have had an adverse economic impact on that spouse.  This could have happened by way of increased medical bills, or a decreased ability to seek or maintain employment. In other words, if the domestic violence in some way caused an unreasonable depletion of marital assets, then the spouse who was the victim of the domestic violence might be awarded more of the marital assets.  This can override the fact that California is a community property state.

Deciding to divorce Can Trigger Violence

divorce can take place because of domestic violence.  Additionally, in some situations, divorce can actually be a triggering event for domestic violence. Very often, the danger of violence in an abusive relationship is at its highest point when the abused individual makes the decision to get out of the relationship. What this can mean is that when a divorce is on the horizon, the abuser may “step up” his or her violent behavior. It is critical to be aware that there are certain protections available under California family legislation.

Must There Be a Criminal Case to Support My Claims of Domestic Violence in Family Court?

Although recently added protections are being phased into family law situations to uphold the rights of those who are victims of domestic violence, it can still be a risky move, for women in particular, to bring forth their claims of domestic violence in family court with no criminal case documentation to back them up. In way too many situations, when a victim of domestic violence expresses his or her claims in family court, whether it is in an attempt to seek an order of protection or in relation to custody and visitation in a divorce, the door has, regrettably, been opened for the perpetrator to inflict “counterattacks”, in a manner of speaking. The fact is that the family court was simply not designed to handle claims of domestic violence, and in the event that the victim is unprepared, then raising the issue in court can create significant vulnerability.

In answer to the question, although a criminal case is not a mandatory precursor in family court for a victim to raise claims of domestic violence, it definitely helps. A criminal case positions the significant power of the state of California against an accused perpetrator.  In that context, the family court arena is a venue which allows two private individuals to reason out their personal differences. The state, in this context, can’t be much more than a referee between the two. Even though both spouses are likely to have their own attorney in a family court matter, to some extent they are on their own as far as making or defending allegations of domestic abuse. In short, the accusations made by a victim of domestic abuse in a family court proceeding, are, for all intents and purposes, simply one person’s presentation of the facts from his or her own perspective. From the moment those accusations are brought out, the alleged abuser is highly likely to fight back with accusations of his or her own.

Deciding to Leave Your Abuser

As mentioned above, there are certain protections that are available for people who are living with domestic violence and ended up in family court. If you find yourself in a domestic violence relationship, you will have various issues to think about once you decide to file for a divorce, or when you separate from your spouse.  This is particularly true if there are children involved. In order to make the safest transition, keep extremely careful records of every incident of domestic abuse that takes place prior to the actual split. Your records can be an invaluable resource at the point when you go before a judge in family court and request that you and your children be protected.

If it is at all possible, do some planning before you actually file for divorce.  Indeed, it could be extremely helpful to have some money saved up, and to have lined up a safe place to stay—preferably a place where your spouse would not immediately look for you. Heading to a best friend’s home or the home of a close family member can result in further violence from an abuser.

If you are in a situation where you have to get out quickly, it is imperative that you immediately ask for an emergency protective order which will grant you custody of your children, and require that your spouse stay away from you. If you neglect to take this step, you could be accused of kidnapping. This emergency custody order will be temporary, so you will have to make long-range plans with regards to the custody of your children.  A judge will make a custody decision on the basis of the best interests of the children.  Therefore you need to make certain that everything is documented, and every requirement is met.

How Family Court Findings of Domestic Violence Impact Child Custody Decisions

If the judge in your family court matter finds there is indeed evidence of domestic violence, this finding could have a major impact on child custody for years to follow. In general, when the court finds that a parent who is presently seeking custody of a child has engaged in domestic violence against the other parent or the child, the basic presumption is that the alleged abuser should not receive sole or even joint legal or physical custody of the child or children. California Family Code 3044 details what is meant by the term “perpetrating domestic violence.” It says that the person must have intentionally or recklessly inflicted or attempted to cause bodily injury, or must have given the other individual reasonable belief that he or she was in danger of bodily injury.

The court is not permitted to make findings of domestic violence on the basis of the recommendation of the Family Court Services staff or a child custody evaluator alone, rather it has to consider any “relevant, admissible evidence,” that is submitted by both parties. A parent who the court believes perpetrated an act or acts of domestic abuse may still be eligible to be awarded some form of custody if the parent can demonstrate that they have:

1. Completed a treatment program which met the criteria prescribed by the California penal code;
2. Complied with all terms of probation or parole;
3. Completed a parenting class or workshop;
4. Completed a drug or alcohol program, where applicable;
5. Complied with any issued orders of protection, and
6. If it is decided to be in the best interests of the children for the parent to be awarded some level of custody.

Visitation Decisions

You might see it as strange that visitation is even on the table for your abuser, however bear in mind that so long as he or she has not abused the children, it is likely visitation rights will be granted. Depending on your circumstances, you might want to ask for supervised visitation and to arrange for a neutral drop off and pick up site. You may believe that there is little likelihood your children’s other parent will ever harm them, whether it be emotionally or physically.  If so, then in spite of how you may feel about your abuser, try to keep in mind that children need both parents, regardless of how hard it may be for you. 

Temporary Restraining Orders

Getting a temporary restraining order against an abusive spouse can be an extremely intimidating situation for some. A temporary restraining order can serve the purpose of keeping an abusive spouse away from you and your children, at least for a period of time.  In most cases, a restraining order applies to your:

1. Home
2. Workplace,
3. Vehicle,
4. The school your children go to, or a childcare facility where your children are cared for.

In the event that your spouse violates the restraining order, you would notify the police.  The police can reiterate the requirements or arrest him or her. When you fill in the restraining order forms, you will be required to explain in detail your reasons for asking for the restraining order. It is critical that you be as thorough as possible in your explanation.

In a few instances, as soon as a temporary restraining order is filed—or even if it does not get filed—the domestic abuser might engage in stalking behaviors. The same as you should thoroughly document all occurrences of domestic violence, you should also keep track of every instance of stalking, because you are entitled to protection from this also. Any unwanted, repeated contact that frightens you is likely to be considered stalking. 

Stalkers may:

• Call you repeatedly, even after you have made it clear that you do not want to talk;
• Text or e-mail you when you have asked him or her not to do so;
• Follow you;
• Show up where you are without any reason;
• Gather information about you;
• Spread false rumors about you;
• Post personal details about you, or
• Refuse to leave you in peace.

Never downplay your concerns about an ex who is stalking you. It is important for your well being.  It is also important for your impending family court case that you contact the police to report any stalking behaviors.

Speak with a Los Angeles Domestic Violence Attorney Today

If you are a victim of domestic abuse, or conversely, if you have been falsely accused of domestic violence, it is very important that you tell your California family law attorney every relevant detail. This will give your attorney the ability to fully represent you.  He or she, armed with your honest account, can build a case on your behalf which takes these facts into serious consideration.

Is it considered domestic violence if he threatened me with a knife?

When most people think of domestic violence, they picture visible bruises and other signs of physical distress. Not all types of domestic violence are so easy to spot, though, and some types don’t leave a physical mark at all. In fact, many types of domestic violence are impossible to see unless you’ve been present – something that abusers count on to keep them safe. If you have been threatened by your partner with a knife, for example, you may feel like you have nowhere to turn. After all, he didn’t actually do anything – he just made a threat. It’s important, though, that you understand the severity of the situation. If you take a moment, you really should begin to think about whether such an incident might qualify under the law as domestic violence.

What is Domestic Violence?

The first step in answering this question is having a reasonable definition of what constitutes domestic violence. After all, it’s impossible to know if being threatened with a knife falls under that umbrella if you don’t know the definition of the term. Unfortunately, there is not a simple legal definition of the term – the specific terms used to classify domestic violence do vary between jurisdictions, so having a precise answer can be difficult. It is, however, possible to give a very basic definition of what kind of acts can be considered domestic violence in most areas.
Domestic violence is defined simply as a pattern of abuse in a relationship used by one partner to gain or maintain control over another. This abuse does not have to be physical in nature – emotional, psychological, sexual, and even economic abuse do qualify under this banner. Domestic violence can be committed by – or against – spouses, intimate partners, children, family members, and even roommates. While the definition does typically specify that a pattern of abuse must occur, most legal definitions of the crime do not make a mention of such a pattern. All it takes is a single incident for domestic violence to occur.

Does it Count?

With what was discussed earlier firmly in mind, it becomes easier to determine whether being threatened with a knife can count as domestic violence. It is now necessary to look at whether the incident falls within the bounds described above – whether it happened in a relationship, and whether it counts as a type of abuse. Fortunately, this is much easier to determine than it would be if the definition of domestic violence was more nebulous. Discussing each factor should make the answer fairly clear.
First, you need to take a look at your relationship. Are you married to the person who threatened you with a knife? If so, there’s a very good chance that this will be considered domestic violence. This also stands if you were in a romantic or sexual relationship with that person, or even if you were roommates. Domestic violence depends on a pre-existing relationship between the two parties and any of those would be more than enough to satisfy that factor. So long as the person who threatened you is someone with whom you have a close relationship with, domestic violence is a real possibility.
The next thing to look at is whether or not being threatened with a knife counts as abuse. While some might tell you that abuse can only occur when one person physically strikes another, this is not true in the vast majority of circumstances. Putting a person in fear of his or her life is more than enough to constitute abuse. Remember, the definition of domestic violence does include psychological and emotional abuse, two other categories under which this incident might fall. The threat, though, is usually more than enough to be considered a real type of physical abuse.
Don’t forget that being threatened with a knife is actually a crime outside of the relationship, too. Threats like this are generally taken very seriously and are dealt with as criminal matters. Even if you think that no one would take a claim of domestic assault seriously, stop to remember that if a stranger had done this to you that he or she would be taken to jail. This is a serious matter that does need to be reported.
So, is it domestic violence if you are threatened with a knife? So long as the person doing the threatening is in a close relationship with you, this should be considered an act of domestic violence. Proving the act can be difficult, though, as is establishing any pattern of behavior. If you do find yourself threatened in any way, it’s important that you both call the police as well as a lawyer who is used to dealing with domestic violence cases. This is a serious criminal matter and it’s very important that you do not treat it lightly.

Domestic violence exists as a serious problem within the United States, and it requires the careful action of a lawyer. When we say domestic violence, we mean anything where emotional, physical or financial abuse happens within a relationship. On any given day, the police in Los Angeles respond to 130 calls of domestic violence. That should give you an idea about the scale of this problem. In most cases, domestic violence negatively impacts women and children the most, but you do have cases where men have been the subject of domestic abuse. The big difference is that they often don’t report it.

Prevalence of the Problem

Statistics have shown that over 40 percent of all the women living in Los Angeles will experience domestic abuse at some point in their life. That should underline the extent of the problem. It’s an alarming figure, and people who find themselves in relationships like this shouldn’t walk, they should run away from them. You have many cases where people have killed their partner in a domestic violence case. It isn’t as uncommon as you might think, and if you happen to be in a relationship like this, it is imperative that you leave. No more excuses for staying. Don’t let them give you the sad puppy eyes as you try to leave.

Protected under Federal Law

Domestic violence laws protect the victims of this heinous crime under both federal and state laws. Victims could seek relief within the civil and criminal court system. In some cases, the victims have worked with law enforcement to determine how to proceed against an abuser and build a case against them.

Someone who finds themselves in these cirumcstances may want to seek the Violence Against Women Act because of how this provides them with the necessary resources to get out of an abusive relationship and take legal action against the abuser. No one deserves to be abused, and it is not acceptable. Don’t accept excuses.

Laws Differ from State to State

Every state will have different domestic violence laws. In some cases, the laws can differ dramatically, which is why you should seek a lawyer specifically from your state because they can give you the most detailed and specific information to your case. In some states, the problem has become so serious that they have adopted preferred arrest policies where they must arrest one or both people at the scene of the crime. Either that or they will have to write a report detailing why they didn’t arrest anyone. If a certain criteria of seriousness has been met, some states require a mandatory arrest.

In some cases, people can even terminate their leases early if they find themselves in an abusive relationship with someone. This helps so that they don’t feel trapped in the relationship to maintain the leasing agreement. Even if you live in a state where that policy doesn’t exist, you should still leave the relationship. Your life and wellbeing is far more important than the lease.

Protecting the Victims of Domestic Abuse

Unfortunately, this is an unsightly problem within our society that has proven difficult to address because of how widespread it is. The victims of domestic abuse require protection, and laws exist that can help them. They should speak with their lawyer as soon as possible because of how this can detail some of the resources that they could seek, and they could look at the potential legal actions that they could take against the person. Criminal and civil legal actions can be taken against anyone who has committed domestic violence.

You should seek legal assistance as soon as possible if you have found yourself in this situation. In some cases, you may not even feel comfortable testifying in court against the person. For those situations, you might have the lawyer represent you. Meanwhile, you will remain hidden and away from harm. This is an understandable thing because you have many cases where the other person fears for their life. The courts have taken this into consideration, and they have opted to allow for people to send in someone else who can represent them to the court system.

Domestic violence exists as a serious problem within the United States, and it requires the careful action of a lawyer. When we say domestic violence, we mean anything where emotional, physical or financial abuse happens within a relationship. On any given day, the police in Los Angeles respond to 130 calls of domestic violence. That should give you an idea about the scale of this problem. In most cases, domestic violence negatively impacts women and children the most, but you do have cases where men have been the subject of domestic abuse. The big difference is that they often don’t report it.

Prevalence of the Problem

Statistics have shown that over 40 percent of all the women living in Los Angeles will experience domestic abuse at some point in their life. That should underline the extent of the problem. It’s an alarming figure, and people who find themselves in relationships like this shouldn’t walk, they should run away from them. You have many cases where people have killed their partner in a domestic violence case. It isn’t as uncommon as you might think, and if you happen to be in a relationship like this, it is imperative that you leave. No more excuses for staying. Don’t let them give you the sad puppy eyes as you try to leave.

Protected under Federal Law

Domestic violence laws protect the victims of this heinous crime under both federal and state laws. Victims could seek relief within the civil and criminal court system. In some cases, the victims have worked with law enforcement to determine how to proceed against an abuser and build a case against them.

Someone who finds themselves in these cirumcstances may want to seek the Violence Against Women Act because of how this provides them with the necessary resources to get out of an abusive relationship and take legal action against the abuser. No one deserves to be abused, and it is not acceptable. Don’t accept excuses.

Laws Differ from State to State

Every state will have different domestic violence laws. In some cases, the laws can differ dramatically, which is why you should seek a lawyer specifically from your state because they can give you the most detailed and specific information to your case. In some states, the problem has become so serious that they have adopted preferred arrest policies where they must arrest one or both people at the scene of the crime. Either that or they will have to write a report detailing why they didn’t arrest anyone. If a certain criteria of seriousness has been met, some states require a mandatory arrest.

In some cases, people can even terminate their leases early if they find themselves in an abusive relationship with someone. This helps so that they don’t feel trapped in the relationship to maintain the leasing agreement. Even if you live in a state where that policy doesn’t exist, you should still leave the relationship. Your life and wellbeing is far more important than the lease.

Protecting the Victims of Domestic Abuse

Unfortunately, this is an unsightly problem within our society that has proven difficult to address because of how widespread it is. The victims of domestic abuse require protection, and laws exist that can help them. They should speak with their lawyer as soon as possible because of how this can detail some of the resources that they could seek, and they could look at the potential legal actions that they could take against the person. Criminal and civil legal actions can be taken against anyone who has committed domestic violence.

You should seek legal assistance as soon as possible if you have found yourself in this situation. In some cases, you may not even feel comfortable testifying in court against the person. For those situations, you might have the lawyer represent you. Meanwhile, you will remain hidden and away from harm. This is an understandable thing because you have many cases where the other person fears for their life. The courts have taken this into consideration, and they have opted to allow for people to send in someone else who can represent them to the court system.

How will his abuse towards me affect our divorce?

Abuse does not always appear in the form of a bruise thanks to any physical fighting. Abuse in a marriage comes in many forms, and some people have no idea they’re dealing with an abusive spouse for many weeks, months, or even years after the abuse begins. It’s not easy to understand how or why things like this happen, but sometimes people aren’t who they appear to be when you first get married. Whether your spouse is abusing you mentally, emotionally, or physically, you have rights. One of those rights is Divorce. You can divorce an abusive spouse, and his choice to abuse you will affect the divorce process.

How does abuse affect divorce?
The first thing you should understand is that most states allow you to file for divorce two ways. You can file for a no-fault divorce or a fault divorce. A no-fault divorce is one in which you decide no one is to blame for the end of your marriage. You simply made the decision to end things mutually. You fell out of love or you grew apart. A fault divorce is when you accuse your spouse of something such as cheating or abuse, and that’s the reason you want to end your marriage.
If you make the decision to file for divorce by citing your husband is abusing you, the spousal abuse accusation is going to change the course of your divorce significantly. One of the main factors is going to be the court protection you’re offered when you file. If your spouse is abusing you, the court will offer you some protection from this person to keep you safe while you file for divorce.

A spousal abuse situation also has an effect on any child custody and even alimony issues. For instance, most states try to do what is fair when they divide marital assets and debts, and they always state the best interest of the child is the way to choose custody. An abusive parent is going to lose custody of his or her kids to keep them safe, and he or she might not get the marital assets they’re asking for if they are abusive.
The law regarding abuse is a little different depending on the kind of abuse that’s occurring. If your husband is hitting you and physically abusing you, he probably won’t get the kids if you ask the court not to allow it. A man who hits his wife might not necessarily hit his kids, but the court is going to take into consideration this man is placing his hands on a woman as a way of punishing her. This might play into how much he is ordered to pay you, too.

Call an Attorney
Abusive marriages are not easy to end. They are not easy to walk away from, and they are not easy to deal with. A man who abuses his spouse is a dangerous man who won’t be willing to sit back and handle divorce, and it’s often a dangerous situation. That’s why an attorney is the best option someone who is suffering from abuse has. It’s this person who can help you with your situation, get you through the mess, and help you find a way to move on and move up.

Abuse in a marriage can take place in many forms, which includes emotional, mental, and physical abuse. In many instances, a spouse will live for many years before realizing that he or she is the subject of an abuse marriage. It doesn’t matter what type of abuse you are going through, you have rights, which includes the right to a divorce. If you are married to an abusive spouse, it will have a significant influence on the divorce process.

How Will Abuse Influence a Divorce?
When you decide to file for divorce, you have two options that include a fault and no fault divorce. If you file for a no fault divorce, then both parties are free of fault, as the marriage may end due to irreconcilable differences. When a spouse files for a fault divorce, he or she will cite specific instances and circumstances that warrant a divorce. This could include cheating, abuse, or any other actions that are seen as detrimental to a marriage.
When a spouse files for divorce and cites abuse, it will change the way the divorce process is handled from the beginning. With these circumstances, the court may offer you protection when you file. An Order of Protection may be issued to ensure that a spouse stays safe during the divorce proceedings.
In addition, when spousal abuse is involved in a divorce, it will impact child custody, visitation, and spousal maintenance. When determining custody and visitation, the court will always put the best interest of the child first. If a divorce involves spousal abuse, it will more than likely lead to the abuser losing custody rights to the children, and it may also have an impact on visitation, such as supervised visits with a social worker present. In addition, the court will typically split any marital assets evenly, but spousal abuse could influence this as well.

How Does Abuse Influence Spousal Maintenance?
Any misconduct during a marriage, which includes physical abuse, will be taken into consideration by the court. The purpose of spousal maintenance is to make certain that the spouse who was abused is equipped with the financial means to support himself or herself. When any type of abuse leads to emotional, physical, or mental trauma that prevents him or her from adequately supporting himself or herself, the court will factor it into the amount of spousal maintenance that will be awarded.

If the abuse resulted in a spouse’s inability to maintain employment during the marriage, he or she may also be awarded a larger share of any marital assets. A judge will typically award a larger division of marital assets in any cases where the abuse harmed the couple’s finances.

Children, Divorce, and Abuse
Divorce cases that involve abuse are much more complex when children are involved. One of the first things you should do when you realize you are a victim of marital abuse is protect your children. This may require that you move out of your shared residence with your spouse, call law enforcement officials, and contact a family attorney. When children witness domestic abuse, it can have a long-term impact on their mental, psychological, and emotional well-being. Children may need therapy if they were exposed to seeing one spouse abuse another, and a judge will not award custody to an abuse parent.

Establishing Proof of Abuse
In most states, abuse is thought to be cruel and constitutes a fault divorce. However, in order to file for a fault divorce, you must show proof of abuse. Many individuals provide the court with photographs, medical records, videos, or police records to prove that abuse occurred. In addition, you can also have a witness testify to the abuse. If you attend counseling or therapy because of marital abuse, it can also be used as evidence.

Contact a Divorce Attorney
When you are involved in an abusive marriage, it will only add to the complexity of a divorce. In addition, it can be scary to walk away from your spouse if you feel that he or she won’t handle a divorce well. However, with the help of an experienced divorce attorney and an Order of Protection, you can get through the divorce process without being the victim of domestic abuse.
A divorce attorney can help you prepare documents, schedule court dates, and even act as a mediator to help ease the divorce process. The best way to protect your rights is with the help of an experienced divorce attorney by your side every step of the way.

This article is from Zooomr, a great tech startup based out of NYC that helps consumers get amazing lease deals. There’s no doubt that your husband’s abuse towards you during your marriage will have long-lasting effects on you. Abuse by a spouse particularly affects the emotional aspects of your divorce process. Women who undergo abuse typically report feeling increasingly angry, resentful, and ashamed about both the divorce and the abuse they suffered through the marriage. But whether or not your partners’ abuse towards you will have any legal ramifications will depend upon several factors.

No-Fault Divorce States
California was the first state to introduce the concept of a “no-fault” divorce in 1970, and in 2010, New York became the last state to finally pass their own no-fault divorce statute. In cases of no-fault divorce, parties agree that nobody is to blame in the divorce and a simple case of “irreconcilable divorces.” In 17 states, no-fault divorce is the only type of divorce you can file; these states include California, Colorado, Wisconsin, Florida, Washington, Hawaii, Oregon, Nevada, Indiana, Iowa, Nebraska, Montana, Kansas, Iowa, Michigan, Missouri, and Minnesota. These states do not allow you to prove that the divorce was your spouse’s fault due to his cruelty, as you can do in states that have fault divorces.

Dividing Your Assets
While being able to demonstrate your partners’ abuse of you may not make a difference when it comes to filing your divorce, it may still make a difference when it is time to determine asset distribution. This is not true of all states. Some states follow the Uniform Marriage and Divorce Act, in which property is divided equally among partners, regardless of the marital conduct. In states which are not affected by the UMDA, property distribution is based upon what is fair, not necessarily what is equal. In order to determine what percentage of property distribution is fair to you, you may be able cite your husband’s abuse of you during your marriage.

Determining Whether Abuse Caused Your Divorce
In some past cases, courts have determined that a husband’s abuse towards his wife is only relevant in the division of property if it is the reason that the marriage was dissolved. For example, in Mount v. Mount, the wife testified that her husband abused her for years, which resulted in hospitalization, stranger assaults, and an attempted robbery by men hired by her husband. The appellate court held that the wife was entitled to a larger share of the assets because the husband’s ongoing abuse was ultimately the reason for the divorce and therefore needed to be considered when assets were divided.

Claiming Abuse as Economic Misconduct
If your husband’s abuse has resulted in medical problems that may prevent you from working or may cause future medical bills, you may also be entitled to a greater share of assets. In Mosley v. Mosley, the court awarded two-thirds of the couple’s assets to the wife because the court believed the majority of her future income would go towards medical care due to her husband’s past abuse.

Determining Whether the Abuse is “Egregious.”
In some court cases, the presence of abuse through the hands of a husband was not considered severe enough to result in the judge giving the wife a larger portion of the assets. Michigan has stated that abuse is only relevant to property division if the abuse is “outrageous” or can claimed to be “shockingly unforeseeable.” Similar court results have occurred in Kansas and New York.

Arguing Abuse in Child Custody
While the abuse of a child is almost always relevant to child custody cases, your husband’s abuse of their mother may not be found to be relevant. The factors that may impact your child custody agreement include whether a mental health professional can testify on the potential long term ramifications of the child witnessing your abuse. Additionally, if your husband can claim that the child was never directly present when you were being abused, his actions may not factor into your custody agreement.

If you have been a victim of abuse and are considering a divorce, your best course of action is to contact an experienced attorney who is used to dealing with your state’s divorce laws. Divorces that deal with abuse allegations are often the most complicated and contentious, and having a skilled expert at your side is an essential step to ensuring that the process goes as smoothly and fairly as possible.

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2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!