Divorce Considerations for Domestic Violence Victims
If you are being abused by your spouse and you want to get a divorce, there are family laws in place to help you financially and to ensure the safety of you and your children.
- If you choose to move into a temporary residence, under Family Code Section 6344, after notice and a hearing a judge may order your spouse to reimburse you for the cost of your temporary housing. You can also receive restitution for loss of income and out of pocket expenses related to your relocation.
- Under Family Code Section 6344, after you have filed for divorce, a judge may order that your spouse pay for your attorney fees and “costs for commencing and maintaining the proceeding.”
- As stated above, a judge may order your spouse to reimburse you for temporary relocation expenses. Your other option is to obtain a restraining ordering your spouse to vacate your shared residence. A restraining order can specify that your spouse not come near or your children, near your home or place of employment, not contact you or children in any form, etc.
- If your spouse has access to your computer, please be mindful to always delete your browser history any time you do online research for anything related to domestic violence or divorce!
There are many resources available for victims of domestic violence. This state government website can help you develop a safe exit plan from your spouse: http://www.courts.ca.gov/selfhelp-domesticviolence.htm
Albrecht & Albrecht’s family law attorneys are available for a free consultation in our Temecula office to help victims of domestic violence start a new and better chapter in their lives.