Senate BillNo. 28


Introduced by Senator Wieckowski

December 1, 2014


An act to amend Section 4325 of the Family Code, relating to spousal support.

LEGISLATIVE COUNSEL’S DIGEST

SB 28, as introduced, Wieckowski. Spousal support factors: domestic violence conviction.

Existing law requires that in any proceeding for dissolution of marriage where there is a criminal conviction for an act of domestic violence perpetrated by one spouse against the other spouse entered by the court within 5 years prior to the filing of the dissolution proceeding, or at any time thereafter, there is a rebuttable presumption affecting the burden of proof that any award of temporary or permanent spousal support to the abusive spouse otherwise awardable should not be made.

This bill would provide that a plea of nolo contendere would constitute a criminal conviction for the above purposes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 4325 of the Family Code is amended to
2read:

3

4325.  

(a) In any proceeding for dissolution of marriage where
4there is a criminal conviction for an act of domestic violence
5perpetrated by one spouse against the other spouse entered by the
6court within five years prior to the filing of the dissolution
7proceeding, or at any time thereafter, there shall be a rebuttable
P2    1presumption affecting the burden of proof that any award of
2temporary or permanent spousal support to the abusive spouse
3otherwise awardable pursuant to the standards of this part should
4not be made.

5(b) The court may consider documented evidence of a convicted
6spouse’s history as a victim of domestic violence, as defined in
7Section 6211, perpetrated by the other spouse, or any other factors
8the court deems just and equitable, as conditions for rebutting this
9presumption.

10(c) The rebuttable presumption created in this section may be
11rebutted by a preponderance of the evidence.

begin insert

12(d) Notwithstanding Section 1016 of the Penal Code, a plea of
13nolo contendere constitutes a criminal conviction for the purposes
14of this section.

end insert


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