There are two unfortunate yet common trends in the realm of divorce, infidelity and domestic violence. While courts and the law rarely factor infidelity into the equation, domestic violence can drastically change the outcome of divorce proceedings. Here’s what you need to know.
Allegations and Proof
During the process of a divorce, the court takes domestic violence allegations seriously. However, they need proof to decide a course of action. One of the most common forms of proof is any record showing that law enforcement has been involved. Officers fill these documents out in great detail, explaining what they saw at the residence to confirm abuse.
Another common form is a restraining order, which is granted when abuse is present. It provides a record of the situation and details occurrences as well as any injuries. Either is more than enough to prove allegations of domestic violence.
Of course, these aren’t the only two ways to make your case in court. Another piece of evidence is removing yourself and your children from harm, which is in every victim’s best interest even before seeking divorce.
A victim may also be subject to sexual abuse, which can be much harder to prove. You’ll need an expert legal professional, like this Los Angeles sex crimes attorney, to help you make your case and hold the abuser accountable.
The largest impact domestic violence has on divorce proceedings is how the court rules on child custody. When abuse is present, it creates an unsafe environment for children of the spouses. This is especially true when kids are the victims of abuse, which professionals can determine and use as further proof in a case.
Once the violence is proven, courts will grant full custody to the non-abusive parent. The abusive partner is deemed unfit to take care of the children, waiving all rights to them including visitation. It takes the help of skilled legal aid, like this divorce lawyer in Tulsa, to ensure this takes place.
Domestic violence leads to physical harm, but it can also leave psychological and emotional scars that take years to heal. With the right legal aid, the abused partner can prove these injuries and ask the court to punish the abuser by having them pay for treatment.
The same is true for children, as well. The traumatic toll that domestic violence takes is equally if not more devastating for growing minds. The court can rule that the abusive partner be made to pay for their treatments in addition to the abused partner’s.
The first and most important thing you should do if you are the victim of domestic violence is remove yourself from the situation. Friends, family, and women’s shelters are all options that can get you and your children away from your abuser.
Getting away and staying away from an abusive partner stops the violence, allowing you to focus on the separation ahead and heal. Never stay in a situation that puts you or your children in danger of physical, sexual, mental, or emotional harm. Remember that domestic violence takes the following forms, as well:
- Corporeal Injury
- Domestic Battery
- Criminal Threats
- Child abuse, as defined by your state
- Stalking and cyberstalking
- Violating protection/restraining orders
- Elder abuse
- Posting damaging information or lewd photos of a partner online
- Aggravated Trespass