No Contact Order

No Contact Order

A military no contact order is comparable to a civilian restraining order. It is issued by a service member’s commanding officer when there have been reports of domestic violence or abuse. If misused, also like a civilian restraining order, it can also be used against a service member to gain the upper hand in custody issues and/or a divorce.

In the civil legal system, a person needs to show some kind of evidence of abuse to be granted a restraining order. That’s not true if the alleged abuser is in the military and the person who claims to be abused makes a report to the commanding officer. The military can take the view that the alleged abused is guilty until proven innocent.

This order requires that the military member can have no contact with their spouse or children without being escorted by someone in their chain of command. Additionally, the service member will be required to move out of their home, and move into base housing on post.

During this period, it is possible for the service member’s spouse to remove their children and belongings from their residence, and even move out of the state. This could have a serious emotional impact on the service member, especially if the abuse allegations are not true. Not following the order could potentially result in a court martial and do serious damage to a military career.

If you’re a military member facing domestic abuse, child custody or divorce issues, contact our office for a free consultation.

 

Domestic Violence is a Serious Issue

Domestic Violence is a Serious Issue

Domestic violence is a serious issue, and while infidelity and wrongdoing during a relationship isn’t necessary to initiate a divorce, charges of domestic violence can have a significant impact on spousal support awards.Blog Image

California’s status as a “no fault divorce” state means that no reason is necessary to file for divorce, relying on the general statement of “irreconcilable differences.” However, charges or even complaints of domestic violence, both physical and verbal, can have a massive effect on awards of both custody and support.

While it may seem obvious that acts of violence should be considered when determining custody or support, California Family Code 4320 states that documented evidence must be provided when determining a spousal support order. Those specifics being noted, any reluctance to share details of a relationship, even damaging ones, can result in a much more unfavorable response from judges when determining orders.

Every detail, even minor ones, can influence the outcome of support decisions. In a case in Riverside County, a husband was being verbally abused by his spouse and moved out of the shared residence. He returned to the residence while his spouse was away, took some of his own property, some community property and vandalized some of his spouse’s personal items.

His spouse claimed she now “lived in fear” and the action was considered a form of domestic violence and applied within California Family Code 4320. Despite her earnings being over seven times what the husband earned, due to this event, her support payments were nullified.

The important factor when initiating divorce proceedings is to be open with all information and maintain a clear line of communication with an attorney to ensure that any necessary details are shared, as even the tiniest remark can have a massive effect.

If you need the protection of a Domestic Violence Restraining Order or need to defend agaminst the accusations of a request for a Domestic Violence Restraining order, do not do it alone.  Call the experienced Carlsbad Domestic Violence Attorneys at Fischer & Van Thiel LLP (760) 722-7669.