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How can I fight DV allegations in a divorce to avoid charges?

On Behalf of | Apr 11, 2024 | Criminal Defense |

Domestic violence allegations are never a good thing. However, divorce proceedings in Newport Beach, California, can become significantly more complex and emotionally taxing when allegations of domestic violence surface. This is especially true when this is the first time such allegations have been made, but it is imperative to take such allegations seriously to avoid them escalating to involve the police.

Understanding domestic violence laws

Domestic violence, as defined by California law, encompasses various forms of abuse within a domestic setting, including physical, emotional or psychological abuse. Importantly, even without prior instances of domestic violence, allegations can profoundly impact divorce proceedings, influencing matters such as child custody, support payments and property division. But, allegations in family court can escalate to the criminal court.

Immediate steps to take

In the face of domestic violence allegations during divorce proceedings, it is vital to compile your evidence. Gather any evidence that supports your innocence, including communications, witness statements and pertinent documents. Respond promptly. If served with a restraining order or legal notice, respond timely to avoid default judgments. If you ignore it and do not gather your evidence, the restraining order could lead to encounters with the police that may lead to criminal charges.

Preventive measures

To mitigate the risk of potential criminal charges, you must maintain your composure. Adopt a peaceful demeanor and abstain from behaviors that could be misinterpreted as violent or threatening. Document all of your interactions with your soon-to-be ex-spouse. Keep meticulous records of all interactions with your spouse throughout the divorce process. If a restraining order is granted, familiarize yourself with the implications of restraining orders and strictly adhere to their stipulations.


Allegations of domestic violence in a divorce can be distressing and carry significant legal ramifications. By acquainting yourself with relevant laws and documenting everything, Orange County residents can navigate such allegations with greater confidence and clarity and, hopefully, avoid it escalating to criminal charges.