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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37818
Experience:  Retired (mostly)
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The reason or principle point for the break down in the marriage

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The reason or principle point for the break down in the marriage was the last incident of domestic violence. I have the county record of incident and that is the date of separation for mediation. One mediator said my spouse would not be eligible for spousal support should he ask and the other mediator said I would have had to had physical injury treated in hospital to "prove". My daughter who is now a young adult over 18 is the only witness to these incidents. What do say about 911 call record and what do I do if this comes up in litigation. The incidents involve choking, threats to do bodily harm with large heavy objects to inflict injury, and his interfering by ripping phone from wall when I tried to call police for help before I fled the house and used cell phone.
Family code 4320(i) provides that it is a factor for court consideration that a spouse committed domestic violence in the awarding of spousal support. However, unless there is an actual conviction of domestic violence in criminal court, proof of an incident or incidents of domestic violence is only a factor -- it does not require that the court deny spousal support.

Concerning the evidence of domestic violence, if your child is an adult (18), then you can call her to testify. Assuming she is willing to testify to the domestic violence, then that would be a factor that the court would consider. A 911 call, unless the violence can actually be heard on the recording, does not document domestic violence. It only documents your call for help -- and that's not enough to prove that the domestic violence actually occurred.

Note: I'm not suggesting your statements are false. I'm just explaining how I would view the evidence were I sitting as a judge considering your case.

Hope this helps.
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