Q: divorce. judge found both parties equally guilty of DV, issued mutual Restraining orders. Can mom receive spousal supp?

A: 4320 (i) provides that in making a determination about spousal support that the court must consider "Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either party’s child, 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 any history of violence against the supporting party by the supported party." As you did not provide any details about the domestic violence it is virtually impossible to intelligently answer your question. The fact that the spouse in need of support has been found to have committed domestic violence against the paying spouse, does not, by itself, mean the court is going to deny the spouse support if the court finds she has the need and you have the ability. Each case rests on its own facts and there are many other factors that must be consideration as well. The court would abuse its discretion if it made a decision about support based solely on a finding that the supported spouse committed acts of domestic violence against the supporting spouse. I hope this is helpful.

A: i do not see why not...........though most legal issues are factually based and a lawyer would need to learn all of the evidence.

i would think the lawyer for the party asking for support is the same one that represented her at the DV proceeding. S/he would be the best person to ask that question.