Divorce in it of itself is challenging. Matters become more difficult when there is domestic violence involved. For this reason, it is important to have strong experienced help at your side. Patrick Baghdaserians is a Pasadena domestic violence Lawyer and Family Law Specialist who also works in the Los Angeles area. Patrick Baghdaserians has over a decade of experience and is someone you want on your side when dealing with cases involving domestic violence to ensure you and your rights are protected.
Issues regarding domestic violence arise in divorce proceedings more often than expected. There is often a misconception that domestic violence is limited to physical attacks; however, it is much broader than that. For example, Family Law Code Section 6320 defines “abuse” as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury to that person or another, and more.
More specifically, Family Code Section 6320(a) includes: “molesting, attacking, striking, stalking, threatening, sexually assaulting, battering … harassing, telephoning, including, but not limited to, making annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party…. ”
As stated above, what constitutes domestic violence is broad. Therefore, domestic violence has an impact on a great deal of divorce proceedings. In a divorce proceeding, if there has been a criminal conviction for domestic violence by one spouse against another within five years prior to filing for dissolution of marriage, there are multiple issues that arise. For example, the spouse convicted of committing domestic violence is prohibited from receiving spousal support. In addition, the injured spouse does not have to pay any attorney’s fees of the convicted spouse out of their own separate property, even if economic circumstances allow for it.
Each domestic violence case is unique. Based on the facts of the particular case, a court may determine that the injured spouse is entitled up to a hundred (100) percent of the community property interest of their retirement and pension benefits. The court considers several factors when determining how to assign the community property interest in the retirement and pension benefits of the injured spouse which include: (1) The domestic violence conviction, as well as documented evidence of other instances of domestic violence, (2) The duration of the marriage and when, based on documented evidence, incidents of domestic violence occurred, (3) The extent to which the convicted spouse's present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the convicted spouse to devote time to domestic duties, (4) The extent to which the convicted spouse contributed to the attainment of an education, training, a career position, or a license by the injured spouse, (5) The balance of the hardships to each party, and (6) Any other factors the court determines are just and equitable.
Overall, the process of marriage dissolution can be very overwhelming and stressful, and issues regarding the division of property can make the process much more complicated. Therefore, when deciding who to turn to it is important to have someone with experience on your side when dealing with property division. Patrick Baghdaserians is an experienced Pasadena domestic violence Lawyer and Family Law Specialist who has dealt with an enormity of property division cases in his over a decade of experience. Regardless of the reason, divorce is challenging, do not make the process even more difficult on yourself and schedule a free in person consultation with Patrick Baghdaserians.