Domestic Violence and Spousal Support
“Documented evidence of any history of domestic violence, as defined in section 6211, between the parties, including but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of..."
Documented evidenceDocumented evidence generally will mean, police reports, criminal convictions, domestic violence restraining orders, medical reports, photos, witness declarations are just some examples I have used as relevant and critical evidence to prove domestic violence.
FC section 6320: domestic violence in the family lawThe definitions of domestic violence in the family law arena are broadly defined in FC section 6320. Even "disturbing the peace of the other party" could be deemed domestic violence. In the case in re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, included protections into the wife's email account. It also included physical threats - but no actual physical injuries. The trial judge was reversed in his belief that emails and threats were insufficient but the legislature and appellate courts sent a strong message that domestic violence must be taken seriously.
Johnny Depp and Amber HeardThe ongoing bitter Johnny Depp and Amber Heard dissolution centers on the allegations made by Ms. Heard of domestic violence. Mr. Depp's legal team won a recent ex parte motion to be able to take the deposition of Ms. Heard on August 6, 2016. As Depp's lawyer has said Heard is attempting, "to secure a premature financial resolution by alleging abuse." But as noted above the legislature and family case law dictates that domestic violence is broad in definition and can in fact, include emotional and physical threats.