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
Read about the Presumption Against Spousal Support to an Abusive Spouse
on our Blog
CALIFORNIA FAMILY CODE
NO SPOUSAL SUPPORT TO ABUSIVE SPOUSE
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.