It is no secret that divorce is an incredibly difficult process. What is less known, however, is the impact that domestic violence can have on divorce proceedings. Studies have shown that domestic violence is a major factor in divorce cases, and it can have a devastating effect on both parties involved. In this blog post, we will discuss the impact of domestic violence on divorce and provide some resources for those who may be affected by it.
The Impact on Child Custody and Parenting Time
If you are a victim of domestic violence, you may be wondering how divorce and child custody will be impacted. In California, there are laws that protect victims of domestic violence when it comes to divorce and child custody.
The first thing to understand is that if you have been a victim of domestic violence, you can file for divorce on the grounds of irreconcilable differences. This means that you do not have to prove that your spouse was at fault for the divorce, which can be helpful if you want to keep details of the abuse private.
When it comes to child custody, the court will always consider the best interests of the child. If there is evidence that one parent is abusive, the court is likely to give custody to the non-abusive parent. The court may also order supervised visitation for the abusive parent, or limit their parenting time in other ways.
Domestic violence does not just impact the victim, it impacts everyone around them including their children. Children who witness domestic violence or who are the victim of domestic violence are more likely to have behavioral problems, mental health issues, and problems in their own future relationships. It is important to get help if you are a victim of domestic violence so that you can protect yourself and your children.
The Impact on Negotiating a Settlement
If you are going through a divorce and have been a victim of domestic violence, you may be curious about how this will impact the divorce process. Unfortunately, domestic violence can have a significant impact on the divorce process, both emotionally and legally.
One of the most important aspects of divorce is negotiating a settlement, which can be incredibly difficult to do if you are also dealing with the trauma of domestic violence. Many victims of domestic violence find it difficult to trust their spouse or partner enough to negotiate openly and honestly. This can make it very difficult to come to an agreement on things like child custody, property division, and spousal support.
Seeking Protection from an Abusive Spouse
If you are experiencing domestic violence, divorce may seem like the only way to protect yourself and your children. However, divorce can be a complicated and dangerous process, especially if your spouse is abusive. It is important to understand the impact of domestic violence on divorce so that you can make the best decisions for yourself and your family.
The first thing to understand is that domestic violence is often used as a tool to control and manipulate victims. If you are considering divorce, your spouse may use violence or threats of violence to try to stop you from leaving. They may also use it to intimidate you into agreeing to unfavorable terms in the divorce settlement. In some cases, abusers will even attempt to harm their victims in order to prevent them from leaving.
You have a means of protection, however, in the form of protective orders. A protective order is a legal order issued by a court that prohibits an abuser from contacting or approaching their victim. If your spouse violates a protective order, they can be arrested and charged with a crime. Protective orders can give you the time and space you need to divorce safely.
Work with an Attorney Who Understands Domestic Violence
Divorce and domestic violence are two very difficult topics to discuss. The impact of domestic violence on child custody in California is significant. If you are a victim of domestic violence, it is important to work with an attorney who understands the dynamics of domestic violence. Divorce and domestic violence can have a major impact on child custody arrangements. An experienced attorney can help you navigate the process and protect your rights.
At Schweitzer Law Partners, we will do whatever it takes to give protection to those seeking freedom from domestic violence. Learn more about how we can help or schedule a consultation by calling (626) 788-5225 or by visiting our website. If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at (800) 799-7233.