If you are going through a dissolution, it will be handled by the Family Law Court. This court is very different from the criminal court. The laws are different, procedures are different, and the Judges are different. If you are going through a dissolution, it is highly recommended that you consult with a Family Law attorney along with an experienced Los Angeles Criminal Defense Lawyer.
Although the two cases are different, and will be heard in two different courtrooms by two different Judges, the orders made in either may affect both cases. There are many different ways a conviction can affect your dissolution case.
Custody and Visitation
If you have minor children, the family law court will hear the issue of custody and visitation. They will determine what the parenting plan will be for the two of you to share time with your children. If you have been convicted of a domestic violence, then there will be a cause for concern by the court and can limit, restrict or prohibit time with your children.
Domestic Violence Restraining Order
If you have been convicted of a domestic violence, it may be grounds for the victim to obtain a domestic violence restraining order against you. This means that the court can technically prohibit any kind of contact with your significant other, your children and possibly even your home and other property. This can cause an endless array of problems for you in not only the technical sense, but in regards to your restrictions in going about your daily activities and earning a living.
If you are convicted of a domestic violence charge, it can be grounds for denying you spousal support, even if you are entitled to it. Family Code §4320 gives the Family Court authority to deny any kind of support, or deny support requests made by a party that has been convicted of domestic violence against the other party.
A domestic violence charge can lead to an endless array of issues, not only in criminal court, but also in family court. If you find yourself in this situation, it is very important to obtain a family law attorney, as well as a criminal defense attorney so that the two may work together to prepare strategy and defenses. Properly addressing the case and being prepared can make a huge difference in the overall outcome of both matters. Do not hesitate, make the smart move and consult with a legal professional as soon as possible!