Legal Question in Family Law in California
I am currently in the middle of an ugly divorce my husband is building a domestic violence case aainst me all based on BOLD FACE Lies! I got the move out order I have been a stay at home mom for 3yrs. so long story short I have no money, no job, no home, now have a dv criminal record,(based on lies) do I have any legal right to spousal support now and arrears for the past 4 months?
1 Answer from Attorneys
You should spend your best efforts to try to defend against the domestic violence restraining order. Additionally you should spend your best efforts to defend against any domestic violence criminal charge. Both of these will definately have an affect on your ability to ask for spousal support. You should spend your best efforts to try to ask him to drop the requests.
You can petition the court to ask that he help pay for your legal fees so that you can adequately defend yourself against these charges.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/