Domestic violence is an unfortunate reality for many married couples, often shrouded in fear and uncertainty. When such circumstances are part of divorce proceedings, the legal landscape becomes even more challenging. Domestic violence can significantly influence the divorce process in many ways, starting with one of the most important aspects: child custody.
How Does Domestic Violence Impact Child Custody?
One of the most pressing concerns in divorce cases involving domestic violence is child custody. Courts prioritize the safety and well-being of children above all else when determining custody arrangements; if one parent has a history of domestic violence, it can significantly influence custody decisions.
In cases where domestic violence is substantiated, courts may be hesitant to grant custody or visitation rights to the abusive parent. Instead, they may opt for supervised visitation or impose other safeguards to protect the child from potential harm.
Allegations of domestic violence can also affect the credibility of the accused parent during custody hearings. Judges take these accusations seriously and may consider them when evaluating the child’s best interests.
How Does Domestic Violence Impact Property Division?
When domestic violence is a factor in divorce proceedings, the division of assets can become complicated. In some jurisdictions, courts may take domestic violence into account when dividing marital property.
Courts may award a larger share of assets to the affected spouse as a form of compensation for the harm endured during the marriage. This approach acknowledges the economic impact of domestic violence and aims to provide financial support to the affected spouse as they rebuild their lives post-divorce.
Domestic violence can also influence the distribution of other marital assets, like a family home or vehicles. Courts may grant exclusive use of the marital residence to the affected spouse and their children to ensure their safety and security. In cases where an abusive spouse is the primary breadwinner, the court may order spousal support to assist the affected spouse in achieving financial independence.
What Legal Remedies Are Available for Individuals Experiencing Domestic Violence?
Individuals experiencing domestic violence have legal recourse to protect themselves and their children from further harm. In addition to seeking a divorce, they can pursue various legal actions to address the abuse they have endured:
- Obtaining a protective order: A protective order, also known as a restraining order, prohibits the abusive spouse from contacting or coming near the affected individual and their children. Violating a protective order can result in legal consequences for the alleged abuser.
- Obtaining a protective order: A protective order, also known as a restraining order, prohibits the abusive spouse from contacting or coming near the affected individual and their children. Violating a protective order can result in legal consequences for the alleged abuser.
- Pressing criminal charges: Individuals experiencing domestic violence can file criminal charges against their abuser, leading to potential prosecution and penalties for the perpetrator.
Individuals experiencing domestic violence can seek emotional support and counseling to address the trauma they have experienced. Many organizations and support groups offer resources and assistance to survivors of domestic violence.
How Can I Prove Domestic Violence During Divorce Proceedings?
Proving domestic violence during divorce proceedings typically requires gathering evidence like police reports, medical records documenting injuries, eyewitness testimonies, photographs of injuries, and relevant communication such as text messages or emails. Obtaining a protective order or seeking counseling can provide further documentation of the abuse.
Our Baltimore County Divorce Lawyers at Huesman, Jones & Miles, LLC Support Clients Who Have Suffered Domestic Violence
For compassionate and skilled legal representation during your divorce, turn to our dedicated Baltimore County divorce lawyers at Huesman, Jones & Miles, LLC. Call 443-589-0150 or complete our online form for a free consultation. Located in Hunt Valley and Towson, Maryland, we serve clients in Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
