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What to Do if You’re Arrested for Domestic Violence During a Divorce: Protect Your Rights and Future

Facing Domestic Violence Charges During a Divorce? Here’s How to Protect Yourself

Being arrested for domestic violence is overwhelming under any circumstances, but if you’re also going through a divorce, the stakes are even higher. The legal process, the emotional strain, and the potential impact on child custody and property division can be devastating. But don’t panic—there are steps you can take to protect your rights and navigate both the criminal and family law systems effectively. As an experienced criminal defense attorney at Kersey Law, I’ve helped clients handle complex cases like these. In this guide, we’ll walk through exactly what to do if you’re arrested for domestic violence during a divorce and how to protect your future.

Stay Calm and Comply with Law Enforcement

Your Rights During an Arrest

If you’re arrested for domestic violence during your divorce, it’s critical to remain calm and comply with law enforcement. You have the right to remain silent and should avoid discussing the incident with the police until you have consulted with your attorney.

Avoid Making Statements That Could Be Used Against You

Anything you say can be used against you in court. Refrain from providing explanations or excuses until you have a criminal defense attorney present. Your words can easily be misinterpreted, so it’s best to keep silent and request an attorney immediately.

Contact an Experienced Criminal Defense Attorney Immediately

Domestic violence charges, especially during a divorce, can have serious legal consequences, including jail time, fines, and restraining orders. A qualified criminal defense attorney can help protect your rights and work to get the charges dropped or reduced.

How Kersey Law Can Help You

At Kersey Law, we have extensive experience in defending domestic violence cases and understand the additional complications a divorce can bring. Our legal team will build a strong defense and ensure that your rights are protected throughout both the criminal and family court proceedings.

How Domestic Violence Charges Can Affect Your Divorce

Impact on Child Custody

Domestic violence charges can severely affect child custody decisions. Family courts in California prioritize the safety of the child, and a domestic violence charge could lead to limited visitation or supervised custody. It’s crucial to defend your rights to maintain a role in your child’s life.

Impact on Property Division

A domestic violence charge can influence the division of assets during a divorce. If the court perceives one party as the aggressor, it may lead to a less favorable property settlement. Protecting your rights in both the criminal and family law courts is essential to avoid unfair outcomes.

Restraining Orders and Their Effects

If the alleged victim seeks a restraining order, it can restrict your movements and communication with your spouse and children. Complying with the order is critical, but you also have the right to challenge its validity.

Defending Against Domestic Violence Charges During a Divorce

Proving False Allegations

Unfortunately, false accusations of domestic violence are common in contentious divorce cases. Your attorney will gather evidence to show that the charges are unfounded or motivated by a desire to gain leverage in the divorce.

Self-Defense Claims

If you were acting in self-defense, your attorney can present evidence showing that you were not the aggressor. Witnesses, surveillance footage, or medical records can help support your claim.

Lack of Evidence

In many domestic violence cases, the prosecution lacks solid evidence to prove the charges. Your attorney will challenge the credibility of the accuser and expose any inconsistencies in their story to get the charges dropped.

The Role of Restraining Orders in Domestic Violence Cases

Complying with the Restraining Order

If a restraining order is issued, it’s critical to comply with its terms to avoid additional legal trouble. Violating the order could result in new charges and complicate both your criminal and divorce case.

How to Challenge a Restraining Order

You have the right to challenge the restraining order in court. Your attorney will help you present evidence that the restraining order is unnecessary or based on false allegations.

Coordination Between Your Criminal Defense Attorney and Family Law Attorney

If you have a family law attorney handling your divorce, it’s important that your criminal defense attorney works closely with them. Domestic violence charges can significantly impact the outcome of your divorce, and both legal strategies must be aligned to protect your interests.

Preparing for Court Appearances

Your criminal defense attorney will guide you through every step of the legal process, ensuring that you are fully prepared for court appearances and know what to expect. Having a solid defense strategy is key to minimizing the impact of the charges.

Steps to Take After Being Released from Custody

Gather Evidence for Your Defense

After being released, work with your attorney to gather evidence that supports your defense. This may include text messages, emails, photos, or witness statements that can prove your innocence or challenge the allegations.

Avoid Contact with Your Spouse

Even if the restraining order allows limited contact, it’s best to avoid direct communication with your spouse while the charges are pending. Any contact could be misinterpreted or lead to new accusations.

Being arrested for domestic violence during a divorce can feel overwhelming, but you don’t have to navigate this situation alone. With the right legal defense, you can protect your rights in both criminal and family law courts. At Kersey Law, we’re here to help you fight these charges and secure the best possible outcome. Contact us today for a confidential consultation and let us start building your defense.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

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If you’ve been arrested and charged with a crime, don’t wait to get help. Contact Kersey Law today to schedule a free consultation. We’ll review your case, answer your questions, and develop a defense strategy designed to protect your rights, your license, and your future.

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Why Kersey Law is the Right Choice for High-Stakes Criminal Defense

  • Protecting Your Reputation and Career—We Know What’s at Stake

    When your career, reputation, and future are on the line, there’s no room for mistakes. At Kersey Law, we understand that losing is not an option. We take a proactive and discreet approach to every case, ensuring your professional standing is safeguarded at every step. Your case will be handled with the utmost confidentiality, ensuring that your public and private life remain intact. For clients with the highest stakes, we focus on delivering the exceptional outcomes you deserve.

  • 24/7 Availability—We Are Here When You Need Us Most

    Legal emergencies don’t wait for business hours, and neither do we. As a client of Kersey Law, you’ll have access to 24/7 availability for urgent matters. We’re here when you need us, ensuring that critical situations are addressed immediately. Whether it’s the middle of the night or the weekend, you can count on us to be there and act quickly. This level of support is vital when everything is on the line.

  • Our Experience—Proven Results in High-Stakes Cases

    Kersey Law has defended nearly every type of criminal accusation, from misdemeanors to capital offenses. Whether you’re facing charges like Sexual Assault, DWI, or even Aggravated Assault with a Deadly Weapon, our team has the experience and expertise to handle the most complex, high-stakes cases. We’ve built a proven track record of success in defending clients whose futures depend on the outcome. Trust us to use every tool at our disposal to fight for you.

  • We Return All Phone Calls Within Hours—Because Your Case Deserves Immediate Attention

    Unlike many firms that leave clients waiting for days or weeks, we have a strict 24-hour callback policy. Your calls will be returned within hours, ensuring that you’re never left in the dark. We understand the urgency of your situation, and we pride ourselves on keeping the lines of communication open. Your case is our top priority, and you’ll always know where things stand.

  • Strategic, Relentless Defense—We Go Above and Beyond

    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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See what others have to say about Building a Winning Defense Strategy that Protects Your Future.

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We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
Cristian Enrique Duran
Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
Gary Flores
Life savers!!! They saved me from one stupid night of pushing and shoving that got blown out of proportion and leaded me to jail time and some charges. They were able to work quickly and efficiently to have all charges dropped and save me from this misunderstandment. They worked in a group to make sure all the files Were uploaded and updated me everyday about my case!!!! Honestly, I never thought I would have found myself needing any defensive lawyers but never say never. Would highly recommend this group. Worth every cent!!!
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