Can A Domestic Violence Action Have Significant Impact On A Party In A Divorce Case?
Domestic violence actions are filed in the family law courts under the Domestic Violence Prevention Act (DVPA). Courts have differing views as to what constitutes domestic violence and thus it is critical to avoid any conduct that could potentially be construed as domestic violence. A finding of domestic violence may impact a court’s orders regarding spousal support, child custody, child support and attorney fees. Additionally, a finding of domestic violence often leads to a presumption that the perpetrator is the “bad party.” Making false allegations of domestic violence is a bad strategic decision and may backfire resulting in severe consequences.