Collateral Consequences of a Conviction for Domestic Violence

A criminal conviction for domestic violence has many direct consequences such as incarceration, fines, counseling, etc.  But many fail to realize how a conviction for DV will affect ones position in a divorce.  For example, if one spouse has been convicted of domestic violence against the other spouse within five years of the filing of the dissolution proceeding, or at any time thereafter, there is a rebuttable presumption against awarding temporary or permanent spousal support to the abusive spouse.  This presumption may be rebutted by a preponderance of the evidence.  According to one long time Criminal Lawyer in Torrance CA, the court may consider documented evidence of a convicted spouse’s history as a victim of domestic violence perpetrated by the other spouse, or any other factors the court finds just and equitable, as conditions for rebutting the presumption.   If one spouse has been convicted of attempting to murder the other spouse, the convicted spouse is prohibited from receiving any temporary or permanent spousal support, or any medical, life, or other insurance benefits or payments from the injured spouse.   A person would therefore be well advised to consult a lawyer before pleading guilty to any domestic violence offense.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty five years. In addition to criminal cases, Matthew also defends clients at the DMV regarding license suspension hearings stemming from drunk driving arrests.
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