The unfortunate truth is that divorces can cause pain and stress for everyone involved. These include cases of alleged domestic violence. In a recent case, California’s Fourth District Court of Appeals was called on to explain an important point in California divorce matters that some folks might assume goes without saying. If you try to cut off your estranged husband’s penis, you probably won’t be able to get a court to later order him to pay you spousal support.
Husband and Wife separated in August 2011, following nearly 32 years of marriage. Four months later, Wife was charged with assault with a deadly weapon for allegedly trying to use a knife to cut off Husband’s penis. A court issued a protective order forcing Wife to stay away from Husband, and she later pleaded guilty to the felony assault charge. Wife was convicted and sentenced to three years of probation.
Wife then asked a separate court hearing the divorce case to order Husband to pay her temporary spousal support. The court declined, finding that Wife wasn’t entitled to the support because she had committed an act of domestic violence. Section 4325 of the California Family Code establishes a rebuttable presumption that a spouse convicted of domestic violence within five years of filing for divorce – or at any time thereafter – isn’t entitled to spousal support. In this case, the trial court pointed to Wife’s conviction as disqualifying her from seeking support.