San Marcos, CA asked in Divorce, Family Law and Domestic Violence for California

Q: I had a DV case that I pleaded down to simple battery and was wondering what the judge will do?

More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.

Thank you. Here is more info. I am attending a lvl 2 dv class for 52 weeks. I currently have part custody of my kids. I have them at least 35% of the time but the courts docs say I help when she needs help. But it’s been 35%. The case is over and settled. I am just hoping for an idea of what alimony will be. What %of my income would it be?

Against her. A no negative contact order is the only thing in place. Basically I make 16/hr avg 35 hrs a week. She makes 17/hr and works at least 35hrs/week. I tried to work an amount I can reasonably do but she told me $1000 a month is not enough. We have 2 kids. Married 5 years.

2 Lawyer Answers
Stephen Peter Anderson
Stephen Peter Anderson
Answered
  • Criminal Law Lawyer
  • Santa Maria, CA
  • Licensed in California

A: That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)

If on the family law case, and if the DV was against her or the kids, you could face a restriction for 5 years against your having a custody order (not related to visitation) . There are complicated rules on this and you should get the advice of a family law attorney, as it involves presumptions in the law and burden of proof.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

who was victim of battery? wife or kids or another?

are you asking what judge would do re custody or re sentence on criminal?

1 user found this answer helpful

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