Relief for Battered Spouses, Grounds for Divorce and Other Related Issues

 

The National Intimate Partner and Sexual Violence Survey conducted by the US Centers for Disease Control and Injury Prevention claims that around 1 in 4 women and 1 in 7 men are victims of sexual violence through an intimate partner. Women in particular, are 4 times more likely to be beaten and 6 times more likely to be slammed against something. (Source: http://www.cpedv.org/Statistics) Abuse may be physical or emotional. Although, California is a ‘no fault’ divorce state, men and women who have been victims of battery and assault have some rights. They include:

•    When a spouse indulges in an extramarital affair and contracts a sexually transmitted disease, thereby giving the innocent party a sexual transmitted disease, this results in ‘civil battery’. Besides being grounds for divorce, the innocent party may also initiate a separate civil proceeding against the partner/spouse, or request the court to consolidate both the cases.

•    Mediation can be dangerous when domestic violence is involved during the divorce. Hence the abused spouse can request the court to waive off mediation. Similarly, other requirements such as parent education can be waived or can be adjusted so that both partners do not have to attend the session at the same time.

•    When domestic violence is an issue in the divorce, the court allows certain financial considerations. Thus, if money is an issue, the victim can request the court to waive off costs for subpoenaing witnesses, notary fees, going to mediation, etc. or get the offending spouse to pay for them.

•    Similarly, arranging joint custody of children can be dangerous in such cases. However, the victim cannot assume that the court would easily handover the child’s custody without evaluating the circumstances related to the case. The court almost always supports the ‘friendly parent’ in such cases. Therefore, as a rule, it is best to avoid displaying a negative attitude towards the other parent.

Finally there are various arrangements to help battered spouses to represent their case without the need for a lawyer, however its best to seek legal help from a San Jose family attorney especially when the stakes are high.