California Family Law Attorney

Thurman's Tips -

Avoiding Spousal Support Because of Domestic Violence

]Family Code section 4325 applies to block both temporary and permanent, or judgment, spousal support. All that is required is a documented history of even one DV event, and included is a conviction of Penal Code section 273.5 even if you plead no-contest, or only plead to a misdemeanor "disturbing the peace". Family law courts don't care what you are convicted of, so the only way to avoid the presumption is to have the charges dismissed or win at your criminal trial. This presumption is a major source of false DV claims spouses who are outraged you might be able to collect support!

For More Tips and Pointers About How Domestic Violence Claims Can Limit Spousal Support, Read about the Presumption Against Spousal Support to an Abusive Spouse on our Blog



Family Code Section 4325

(a) In any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within five years prior to the filing of the dissolution proceeding, or at any time thereafter, there shall be a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse otherwise awardable pursuant to the standards of this part should not be made.
(b) The court may consider documented evidence of a convicted spouse's history as a victim of domestic violence, as defined in Section 6211, perpetrated by the other spouse, or any other factors the court deems just and equitable, as conditions for rebutting this presumption.
(c) The rebuttable presumption created in this section may be rebutted by a preponderance of the evidence.