California Court of Appeal

A plea of nolo contendere to a charge of misdemeanor domestic violence, made within five years prior to the filing of the dissolution proceeding, may be used as the basis for presumptively denying temporary spousal support under Family Code section 4325, and thus: 1) substantial evidence supports the trial court's finding that wife failed to rebut the section 4325 presumption; 2) the trial court did not abuse its discretion in failing to award her reduced spousal support; and 3) the trial court did not abuse its discretion by awarding only partial attorney's fees.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• DONDERO

Court

• California Court of Appeal

Counsel