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Legal Considerations of Domestic Violence and Divorce with Ksenya Kogan

  • Josephti Cruz
  • Jul 10
  • 2 min read

Updated: Jul 12

When domestic violence becomes part of a divorce case, everything gets more complicated: emotionally, legally, and financially. In a recent conversation with family law attorney Ksenya Kogan, we explored what really happens when these allegations enter the courtroom. Kogan, who has extensive experience in high-conflict divorce, didn’t mince words: while the Domestic Violence Prevention Act was created to protect victims, it’s now frequently weaponized during custody disputes. That harsh reality makes navigating this process incredibly tricky, whether you're the victim or the one being accused.



California’s definition of domestic violence extends far beyond physical harm. It includes coercive control, financial abuse, and even things like sending too many text messages. These seemingly minor behaviors can have major consequences. A domestic violence finding can lead to a presumption against legal custody, meaning the accused parent could lose the right to help make decisions about their child’s life. That’s a huge legal shift—and one many people don’t see coming.


For victims of real abuse, Kogan offers honest, practical advice: restraining orders may carry legal weight, but they don’t guarantee physical protection. Documentation matters, especially police reports, and so does hiring the right legal support. She urges clients to skip the flashy billboard lawyers and instead rely on referrals from professionals who understand family law. These cases are costly, emotionally draining, and rarely result in full reimbursement of legal fees, even if you win.


Ultimately, Kogan believes that a lawyer’s job isn’t just to fight, but to inform. Clients deserve to know not just their rights, but also the potential risks and long-term consequences of pursuing certain legal actions. Spousal support, for example, can be denied to someone found guilty of domestic violence, even though child support generally remains unchanged. In a system that’s often inconsistent and overburdened, clear-eyed, compassionate legal counsel can make all the difference.


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