Statistics show that millions of women and men suffer from some type of domestic violence in one year. And reports state that domestic violence and child abuse are directly associated. Many victims of child abuse report domestic violence in their homes. And most of these victims are women. If you are planning to get a divorce, you will want to know how domestic violence can affect your case.
Divorce Categories
Often a divorce proceeding can be categorized into at-fault and no-fault divorce. In some states, spouses who want to get a divorce should show some reasons or grounds for divorce. In many states, domestic violence is a valid ground to get a divorce. In states that allow for a no-fault divorce, the party that seeks a divorce doesn’t have to show that the other party is being domestically violent to file for a divorce. But, domestic violence allegations can affect the rights of the parties during the divorce proceedings. If you are wondering which category your case belongs, speak with a divorce lawyer Andrew Heft.
Impact of Domestic Violence on Divorce Proceedings
Any victim of domestic violence can suffer emotionally and physically. This is the reason courts take charges of domestic violence very seriously. Here’s how the courts will respond to domestic violence:
- Issuing a restraining order. Victims of domestic violence in some states can file for Domestic Violence Restraining Order. They may ask for a temporary or permanent protective order.
- Issuing stay-away orders. These orders mean the victim will not have any contact with or at a certain distance from the victim at home, work, or other places they visit often.
- Directing the abuser not to contact the children. The court may prohibit the abuser from contacting or set a limited or supervised contact with the children. They may grant sole custody to the victim to keep the children safe from abuse.
- Granting child custody. If a spouse shows consistent violent behavior, the other spouse may get child custody. A proven domestic violence allegation may have the judges ordering a complete prohibition or visitation. Sometimes, the courts may order supervised visitation or visitations only in public places based on the interest of the child.
- Dividing marital assets. Often, courts consider the behavior of a spouse during marriage to decide the division of marital assets. They may award a bigger share of the assets to the victim of domestic violence.
- Granting alimony. Domestic violence victims often get an upper hand in a lot of aspects of the divorce proceeding. To determine the amount of alimony, courts will consider the related allegations of domestic violence. The courts may grant higher alimony if domestic violence includes aspects related to economic or financial abuse.