Can a Domestic Violence Arrest Affect Your Divorce Case in Bakersfield?

Divorce is already stressful.

When one spouse is arrested for domestic violence while a divorce is pending—or shortly before one begins—the situation can become considerably more complicated.

The criminal case and divorce case are separate proceedings, but what happens in one courtroom may have consequences in the other.

A domestic violence arrest does not decide the divorce case

An arrest is not a conviction.

Being arrested for domestic violence does not automatically establish that the allegations are true, nor does it automatically determine the outcome of a divorce.

However, domestic violence allegations can become relevant to issues being litigated in family court.

That makes it important to consider both cases together.

Protective orders may change living arrangements immediately

A criminal court may issue a protective order after a domestic violence arrest.

Depending on its terms, the accused spouse may be ordered to:

• Stay away from the other spouse
• Avoid a shared residence
• Refrain from certain forms of communication
• Follow other restrictions imposed by the court

That can have an immediate practical effect on a couple already separating.

Statements made in the divorce can affect the criminal case

Someone facing criminal charges should be careful about statements made in related proceedings.

Divorce litigation can involve declarations, testimony, messages between spouses, discovery responses, and other communications.

Statements concerning the alleged domestic violence incident may potentially become relevant to the criminal case.

That is one reason coordination between criminal-defense and family-law counsel can be important.

The criminal case may produce evidence relevant to family court

A domestic violence investigation may generate substantial evidence, including:

• Police reports
• 911 recordings
• Body-camera footage
• Photographs
• Witness statements
• Text messages
• Medical records

Some of that evidence may also become relevant to disputed issues in the divorce.

At the same time, evidence may reveal inconsistencies or provide context that was missing from the original allegation.

Divorce conflict can provide important context

A pending separation or divorce does not mean a domestic violence accusation is false.

But the circumstances surrounding the accusation still matter.

Investigators and defense attorneys may need to examine whether the couple was already disputing issues involving the home, finances, children, property, or the end of the relationship.

The existence of a contentious divorce may be part of the overall factual context in which the allegation arose.

Do not violate a protective order to discuss the divorce

Divorcing spouses may need to resolve urgent practical issues involving property, bills, belongings, or other matters.

But if a protective order restricts communication, those issues do not give the accused spouse permission to ignore the order.

Even apparently harmless contact could create additional legal problems if it violates the order.

Communication may need to occur through attorneys or another legally permitted method.

What you should do now

If you were arrested for domestic violence while divorcing or separating from your spouse:

1. Give your criminal-defense attorney copies of relevant protective and family-court orders.
2. Tell your attorney about any pending divorce proceedings.
3. Preserve messages and other evidence concerning the alleged incident.
4. Do not violate a protective order to discuss the divorce, property, or other issues.
5. Make sure your legal strategy considers how the criminal and family cases may interact.

Handling one case without considering the other can create unnecessary problems.

Speak with a Bakersfield domestic violence lawyer today

If you are facing domestic violence charges in Bakersfield, Martens Law Firm can review the evidence, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm