If you are accused of domestic violence during a divorce, you can take steps to defend yourself, protect your rights, and prepare for what comes next. These serious allegations can affect criminal charges, child custody, property division, and even your reputation.
This situation can feel overwhelming, but we are here to help you handle it and pursue a favorable outcome. Our Burbank domestic violence defense lawyer will handle the legal process for you, gather evidence, and fight to protect your future. You can learn more during a free consultation.
Why Domestic Violence Allegations Matter in Divorce
Domestic violence accusations are not only about criminal law. In California, these claims can directly affect the outcome of a divorce. Judges must take allegations seriously, even if the case is still under investigation.
This can show up in several key ways:
- Custody and visitation: Under California law, if a parent has committed domestic violence in the past five years, the court presumes it is not in the child’s best interest for that parent to have custody.
- Protective orders: An accuser may request a restraining order in a domestic violence case that restricts where you can go, who you can contact, and whether you can see your children.
- Property and support: In some cases, a domestic violence conviction can affect spousal support decisions.
A single accusation can shape your entire divorce outcome, even before a conviction.
For a free legal consultation, call (310) 896-2723
First Steps to Take if You’re Facing Domestic Violence Allegations
If you find yourself accused of domestic violence, you must act quickly and carefully.
- Stay calm: Do not confront your spouse or try to “clear things up” directly. Anything you say can be used against you later.
- Follow court orders: If you are served with a restraining order, obey it completely. Violating it—even by sending a text—can lead to arrest.
- Gather evidence: Keep text messages, emails, and other proof that may show your side of the story.
- Avoid social media posts: Sharing your feelings online may harm your defense.
Taking these steps helps you avoid making the situation worse while preparing to defend yourself.
Understanding How Protective Orders Work in California
In California, protective orders are common in domestic violence cases. They can be temporary (issued quickly by a judge) or permanent (lasting up to five years). These orders may:
- Require you to move out of the family home.
- Limit your ability to see your children.
- Prevent you from owning firearms.
Even if the allegations are false, you must follow the order until the court reviews it. Ignoring the order is a crime on its own.
What Happens if You are Arrested
If the police believe there is probable cause, they can arrest you for domestic violence under California Penal Code § 273.5 (inflicting injury on a spouse or partner) or § 243(e)(1) (domestic battery).
An arrest can lead to:
- Criminal charges: You may face jail time, probation, fines, or mandatory counseling.
- Bail conditions: Restrictions may prevent you from returning home.
- Effects on divorce: The arrest record may influence the family court, even before trial.
This is why you should treat any accusation seriously, even if you believe it is false or exaggerated.
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How Domestic Violence Affects Child Custody
Domestic violence claims can strongly affect custody decisions in California.
- Initial assumption: Under Family Code § 3044, the court’s initial assumption is that a parent with a recent domestic violence finding should not have custody. This assumption is not final. It can be challenged if the parent shows evidence that giving custody would still be in the child’s best interest.
- Visitation limits: You might only see your children in supervised settings.
- Long-term effects: Even if you later prove your innocence, the case can leave a lasting mark on custody arrangements.
For parents, this is often the most painful consequence of an accusation.
Defending Yourself Against False or Exaggerated Claims
Not every accusation is true. Sometimes one spouse accuses the other of violence to gain an advantage in divorce.
Defending yourself may include:
- Showing inconsistencies in the accuser’s story
- Presenting text messages, emails, or witnesses that contradict the claim
- Highlighting a lack of medical evidence or police reports
Courts understand that false allegations do occur, but you must provide strong proof to challenge them.
Our Lawyer Will Build Your Defense and Lead Your Case
Facing accusations of domestic violence during a divorce is complicated because it involves both family law and criminal law.
Our lawyer will:
- Explain what crimes are considered domestic violence and whether your case falls into that category.
- Review police reports, texts, and videos.
- Collect documents that support your defense.
- Represent you in criminal court and family court.
- Fight protective orders or request changes.
- Argue for fair custody, visitation, and property division.
We understand how one case affects the other and will work to protect your future.
Work With an Attorney Who Understands the Nuances of These Cases
These cases are not simple. You may be dealing with:
- Two court systems (criminal and family).
- Overlapping deadlines.
- Evidence that can be used in both cases.
- Emotional stress from both the divorce and the accusation.
Because of these challenges, professional guidance is essential. Mistakes in one part of the process could hurt your entire case.
Common Defenses to Domestic Violence Accusations
Being accused of domestic violence during a divorce does not always mean the charges will hold up in court. Several defenses might apply depending on your situation. A lawyer can review the details and decide which defense strategy is strongest for you.
Some common defenses include:
- False allegations: Sometimes a spouse makes up or exaggerates claims of violence to gain an advantage in divorce or custody. If there is no reliable evidence, we will challenge the truth of the accusation.
- Lack of evidence: To convict you, the prosecution must prove the case beyond a reasonable doubt. If there are no injuries, no witnesses, or no consistent records, your lawyer can argue that the evidence is too weak.
- Self–defense: If you acted only to protect yourself or your children from harm, that may serve as a valid defense. Your lawyer can show evidence of threats or actions from the other person that explain your response.
- Mistaken identity: In rare cases, the wrong person is blamed. For example, if an incident happened when several people were present, your lawyer may argue you were not the person responsible.
- No criminal intent: Some situations are misunderstandings. An accidental injury or heated argument without physical harm may not meet the legal definition of domestic violence under state law.
Each defense depends on the facts. A skilled lawyer will look at police reports, texts, medical records, and witness statements to build your case.
Here’s What Not to Do if Your Partner Accuses You of Domestic Violence
Sometimes, people make choices that hurt their case without realizing it. You should avoid:
- Contacting your spouse/partner to argue about the accusation
- Ignoring restraining orders or court deadlines
- Posting angry comments online
- Trying to destroy or hide evidence
These actions can turn a difficult case into an unwinnable one.
What Happens if the Domestic Violence Accusation Is Dropped?
Sometimes, the spouse who made the accusation decides to take it back, or the prosecutor may drop the charges if there is not enough evidence. While this may feel like a relief, it does not mean the problem is completely over.
- Family court may still consider it: Even if criminal charges are dropped, the family court judge in your divorce can still review the accusation when making decisions about custody, visitation, and support. Judges take all past allegations seriously, even if they were never proven.
- Protect your record: If possible, our domestic violence charge lawyers will work to clear your record if you were arrested. In California, you may be able to seal or expunge the criminal record so it does not follow you in the future.
- Keep following court orders: If there is still a restraining order in place, you must obey it until the court officially ends it. Violating the order can bring new charges, even if the original case is gone.
- Save your evidence: Keep copies of texts, emails, and other documents that helped show the accusation was false or could not be proven. This information may be important in custody hearings or other disputes.
Even when accusations are dropped, the impact on divorce and custody can continue. Having a lawyer guide you through both courts helps you protect your rights long after the criminal case ends.
Call Us if You’re Accused of Domestic Violence During a Divorce
If you are accused of domestic violence during a divorce, you should get legal help as soon as possible. Simmrin Law Group is ready to handle your case. We have decades of experience and have served thousands of clients in California for more than 20 years.
Our lawyers handle every detail—from police reports to text messages—and are ready to go to trial when necessary. With over 100 jury trials, including capital murder cases, our team has the courtroom skill to fight for you.
We are ready to handle any case in any California court or even in federal court. Call us today for a free consultation to discuss your situation and learn how we can protect your rights, your future, and your family.
Call or text (310) 896-2723 or complete a Free Case Evaluation form