Spousal Support and Domestic Violence in CA
Spousal support in CA, which is not "long term" ongoing support-- is much different than long term spousal support. Long term spousal support is judged by 14 factors in California--- temporary spousal support is calculated by using the "Dissomaster" computer which uses an algorithm.
Therefore a computer calculation vs a complete factual evidentiary hearing/or trial is completely and entirely different, as neither of these hearings are alike. Spousal support however, may be affected by the granting of a domestic violence order against the payor. If you have a situation where you are going to be suing for spousal support, and you believe or know that the payor has already committed domestic violence and you have a TRO DV order, the court may consider that fact. However that is not guaranteed that it will cause an increase in support.
In a CA law family case where one spouse has been convicted of domestic violence against the other spouse within five (5) years before the divorce proceeding, there is a rebuttable presumption that the
convicted spouse should not receive a spousal support award.
NOTE-- the domestic violence conviction rule applies to both TEMPORARY spousal or permanent spousal. Trial courts are required to consider and examine documented domestic violence between parties (in regard to both need and amount)...and emotional distress that a person experienced as a result of the violence committed against the person...and any history of arrests and or other convictions during the relationship can normally be examined. A wide range of behavior can fall under the area of domestic violence under CA law, including "disturbing the peace" of another individual.
So if one reads the language used in the CA DV request for a TRO for domestic violence, it includes:
HARASS, attack, strike, threaten, assault, hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate (on the Interne,t electronically or otherwise) or block movements...
CONTACT, either directly or indirectly, by ANY MEANS, including, but not limited to, by
telephone, mail, e-mail, or other electronic means
TAKE any action, directly or through others, to obtain the addresses or locations of any protected persons.
FALSE allegation of abuse (i.e. where one person harms themselves physically then claims you are the one that did it for example..) or where allegation is pure fabrication and you can't prove it, will be the case where you will need either a very good family law or criminal defense attorney--for sure.
If you find yourself accused wrongly, contact attorney right away. 530. 359 8810.
Therefore a computer calculation vs a complete factual evidentiary hearing/or trial is completely and entirely different, as neither of these hearings are alike. Spousal support however, may be affected by the granting of a domestic violence order against the payor. If you have a situation where you are going to be suing for spousal support, and you believe or know that the payor has already committed domestic violence and you have a TRO DV order, the court may consider that fact. However that is not guaranteed that it will cause an increase in support.
In a CA law family case where one spouse has been convicted of domestic violence against the other spouse within five (5) years before the divorce proceeding, there is a rebuttable presumption that the
convicted spouse should not receive a spousal support award.
NOTE-- the domestic violence conviction rule applies to both TEMPORARY spousal or permanent spousal. Trial courts are required to consider and examine documented domestic violence between parties (in regard to both need and amount)...and emotional distress that a person experienced as a result of the violence committed against the person...and any history of arrests and or other convictions during the relationship can normally be examined. A wide range of behavior can fall under the area of domestic violence under CA law, including "disturbing the peace" of another individual.
So if one reads the language used in the CA DV request for a TRO for domestic violence, it includes:
HARASS, attack, strike, threaten, assault, hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate (on the Interne,t electronically or otherwise) or block movements...
CONTACT, either directly or indirectly, by ANY MEANS, including, but not limited to, by
telephone, mail, e-mail, or other electronic means
TAKE any action, directly or through others, to obtain the addresses or locations of any protected persons.
FALSE allegation of abuse (i.e. where one person harms themselves physically then claims you are the one that did it for example..) or where allegation is pure fabrication and you can't prove it, will be the case where you will need either a very good family law or criminal defense attorney--for sure.
If you find yourself accused wrongly, contact attorney right away. 530. 359 8810.
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