Domestic Violence and Spousal Support

In Priem v. Priem the court denied temporary spousal support to the wife pending the dissolution of marriage, because  the wife previously entered a nolo contendere plea to a misdemeanor domestic violence charge.

FACTUAL BACKGROUND LEADING TO THE DISSOLUTION
The parties had been married for more than ten years. During the divorce, the father stated that mother had an extensive history of domestic violence. There were police reports, arrests, convictions, and protective orders. In 2008, the wife had pled nolo contendere to a misdemeanor charge of domestic violence.

DIVORCE PROCEEDINGS
The judge in this dissolution denied temporary spousal support based upon the wife’s 2008 plea of nolo contendere which resulted in the conviction for domestic violence. The mother argued that because she did not enter a guilty plea but only a plea of nolo contendere, the appellate court could not use the conviction against her as a basis to deny spousal support. Pursuant to statute, spousal support will be denied to any person who has inflicted abuse upon the payor spouse.

APPEAL OF THE DISSOLUTION ORDER
The First Appellate Court upheld the divorce judge’s decision and stated that a plea of nolo contendere to a misdemeanor domestic violence charge is admissible to deny temporary spousal support.

If you are in Orange County and need a family law lawyer to address spousal support in the dissolution of a marriage or any other divorce matter such as legal separation, annulment, spousal support and/or property division, contact our law office located in Laguna Hills. Conveniently located off of the 5 and 405 freeway at Lake Forest.

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Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102

Visit us at
www.LawintheOC.com

Please note that the posting of this information does not constitute legal advice for a divorce in Orange County. Facts and circumstances of the dissolution proceedings may alter the required action and analysis in any given family law case.
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