Child Visitation

The Impact of Domestic Violence on Divorce Proceeding

The impact of domestic violence is very wide-ranging, and has a huge effect on the outcome of a divorce. It can affect the legal and physical custody of children, alimony, the division of assets, and much more. If you are going through a divorce and believe that domestic violence is involved, it is vital to understand how abuse may influence your case so that you can ensure that your rights are protected.

Almost all states have laws that allow domestic violence to be addressed during the divorce process. The courts look at the kind and level of abuse, as well as the duration of the abuse to make decisions related to child custody and asset division.

If a spouse has a history of domestic abuse, the court will be more likely to grant custody to the victim or give it to a person who is willing to work with the victim. In some cases, a judge will even order that a person who has been accused of domestic violence not have any contact with the children until they complete an intervention program.

This will protect the children from any further abuse and it will also help the victim heal in a safe environment. The judge will consider how the domestic violence has affected the child’s emotional and psychological well-being, including whether it has caused anxiety or depression.

Custody & Visitation: The first and most significant impact of domestic violence on divorce proceedings is the fact that the abuser will be less likely to be awarded child custody. If extreme allegations of domestic violence are proven, then the court will be more likely to award custody to the victim or restrict the abuser from having any contact with the child.

In some states, such as Illinois, child custody can be awarded to the abuser if it is determined that he or she is a risky parent. This can include a supervised visitation schedule, or the child may be moved to an entirely different home for the duration of the divorce.

If your child has been the victim of domestic violence, it is important to let your attorney know as soon as possible. This will allow your attorney to obtain a protective order that can protect you and your child from any further abuse.

A skilled Miami divorce attorney will also be able to help you find a way to address the issues surrounding domestic violence during your divorce. This will allow you to get the custody, spousal support, and other legal protections that are necessary to keep your children safe.

The Impact of Domestic Violence on Divorce Conclusion: The impact of domestic violence on a divorce can be very positive or very negative. The good news is that most states have laws that will allow for a domestic violence restraining order to be issued against the perpetrator of the abuse. These orders will prohibit the abuser from contacting the victim, coming within a certain distance of the victim’s home, and even entering the victim’s property.