Domestic violence is a serious offense that can have deadly consequences. Therefore, the courts take such accusations quite seriously, and may even feel the need to impose a restraining order.
Whether a person is the accusing or the accused party, it is important to understand the effects. There are a few ways that domestic violence impacts a divorce.
Divorce proceedings
A domestic violence charge can greatly affect the way in which the courts conduct the divorce. In fact, in some extreme cases, a judge may put an emergency order, or ex parte, in place. This paints the person with the charge in a negative light, and the courts may see it as a catalyst for the divorce. If so, the judge may favor the accusing party. On another note, courts discourage mediation if there is domestic violence in the relationship.
Child custody and rights
The courts strive to operate in the best interest of children. Therefore, if one parent is seen as an abuser, the courts may alter the parental rights of that person. Depending upon the severity of the abuse, the courts may remove parental rights altogether. Though physical abuse is often the most common form of abuse that the courts consider, emotional and mental abuse may also be strong considering factors in determining custody.
Finances
In general, attending court can take a toll on a person’s finances. The court fees alone may be enough to put someone in debt. In the case of domestic violence, the accused party may also face jail time, bail and multiple days in court. For many employees, this may put their jobs in jeopardy or get them fired.
For those looking to place domestic violence charges or those who may face them, it is important to understand what is coming ahead. Especially in cases of divorce, such charges have a strong effect on the process as a whole. It may be beneficial to speak with an attorney to determine the best course of action.
