${site.data.firmName}${SEMFirmNameAlt}
Best Of the Best 2014 - By the Readers of The Placer Herald Best Of the Best 2015 - By the Readers of The Placer Herald Placer Herald | Best Of the Best 2016 - Rocklin

FAMILY LAW ATTORNEYS

ROCKLIN: 916-780-0848 FOLSOM: 916-365-4941
Free ½ Hour Consultations

Main Navigation

Focused on reducing the emotional and financial toll to your family.

Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
and financial toll to your family.

Domestic Violence Impact Upon Spousal Support in Placer County

Unfortunately within Placer county family law cases, there are instances of one spouse or partner committing domestic violence against the other spouse/partner.  Domestic violence is broadly defined under California law.  It can include harassing, stalking, physical abuse, smashing objects in anger, blocking movements, among other things.

Sometimes the domestic violence abuser is the party who also will be entitled to request spousal support in Placer County.  On its face, this appears extremely unjust to require the domestic violence victim to pay the domestic violence abuser spousal support.  Fortunately, there are applicable provisions of the Family Code to limit or prevent this from happening.  If there is documented evidence of a history of domestic violence, the Placer County court is permitted to reduce or refuse to order support to the domestic violence abuser.  The key here is providing documented evidence.  Hearsay testimony is not documented evidence.  Also, the court has great difficulty discerning the truth when it has he said/she said testimony.  Eyewitness testimony is important.  Police reports, domestic violence restraining orders, emergency protection orders, and criminal convictions are important evidence to present.

In situations where long-term spousal support can be awarded, the court must presumptively refuse to award spousal support if the abusive spouse has been convicted in a criminal court of domestic violence.  This is a higher standard than in a temporary support proceeding.

If there is domestic violence in your case and the abuser is requesting spousal support, please give us a call to discuss your rights.  We can meet with you in a confidential and free half hour consultation to discuss your rights.

Contra Costa County | Bar Associa The State Bar of California Placer County Bar Association Collaborative practice california IACP
Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787


Follow Us On

Facebook Twitter
Yelp

Our Office Directions

Rocklin Law Office Map Folsom Law Office Map

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.