Domestic violence can affect families in profound and lasting ways. In many cases, the victims of domestic violence may struggle to leave an abusive situation because they do not have access to financial resources or because they worry that the violence will escalate. However, escaping abuse may be necessary, and a person may then take steps to end their relationship with the abuser by seeking a divorce. 

In these situations, domestic violence can become a central issue in family court proceedings related to divorce and child custody. Courts take these situations very seriously. The abusive actions of a spouse or parent may play a role in the decisions made during a case, and steps may be taken to ensure that victims of domestic violence will remain safe from harm.

Seeking Safety and Legal Protection

For a person who has been the victim of domestic violence or who is concerned about the safety and well-being of their children, leaving a dangerous situation may be the first priority. Fortunately, there are legal options available to help victims of domestic violence protect themselves and their families.

One of the most common tools used in these cases is an order of protection, which may sometimes be called a restraining order. This court order may be issued by a family court, and it is meant to prevent further abuse by setting clear boundaries on the abuser’s behavior. A victim can request an order of protection, and if the court believes that immediate protections are necessary, an emergency order of protection can be issued that will go into effect right away and remain in place for a short period of time. A hearing may then be held to determine whether long-term protection may be necessary.

Terms of an Order of Protection

An order of protection can include a variety of restrictions that are meant to help ensure that a person and their children will be safe. The specific provisions that may be included may vary depending on the situation and the laws of the jurisdiction, but these orders may:

• Prohibit Contact: The abuser may be ordered not to contact the victim, their children, or other family members in any way, including in person, by phone, by electronic communication, or through third parties.
• Exclude the Abuser From the Home: The court may require the abuser to leave a shared residence, even if their name is on the lease or deed.
• Restrict Proximity: The abuser may be ordered to stay a certain distance away from the victim’s home, workplace, school, or other important locations.
• Address Child Custody: The order may put temporary child custody or visitation arrangements in place to protect the children’s well-being.
• Prohibit Firearm Possession: In many cases, the abuser may be required to surrender any firearms they own, and they may be prohibited from possessing firearms while the order is in effect.
• Order Financial Support: The abuser may be required to pay support to the victim to ensure that they will be able to cover the ongoing expenses for themselves and their children. The abuser may also be ordered to reimburse the victim for financial losses, such as medical bills or damaged property.

Violating an order of protection can result in serious legal consequences. A person could be arrested for these violations, and they may face criminal charges. 

Domestic Violence and Child Custody Decisions

When parents are involved in a custody dispute, the court’s primary concern will be to protect the best interests of the child. Evidence of domestic violence can heavily influence decisions about child custody. The court may consider what steps may be taken to ensure that the child’s physical safety and well-being will be protected while also addressing their emotional needs.

If a parent has engaged in abusive behavior, the court may decide that shared custody would not be appropriate. In some cases, the non-abusive parent may be granted sole legal and physical custody in order to keep the child from being placed in a potentially dangerous situation and to limit contact between parents..

When courts do allow parenting time for a parent with a history of violence, strict conditions may be put in place to minimize the safety risks for children and prevent acts of abuse. These may include:

• Supervised Visitation: A parent’s time with the child may occur only under the supervision of a neutral third party or at a designated visitation center.
• Completion of Counseling or Treatment: The court may require the abusive parent to complete anger management or domestic violence intervention programs.
• Restrictions on Communication: The court may limit how the parents will communicate with each other to prevent conflict or harassment.
• Pick-Up and Drop-Off Procedures: To minimize potential conflict, the court may require parents to exchange children in a neutral location or through third parties.

Effects of Domestic Violence on Divorce Proceedings and Financial Matters

Domestic violence can also play a role in other decisions made in divorce and family law cases. When dividing marital property, courts may consider whether the abusive behavior of one spouse has had a direct impact on the family’s finances or the victim’s ability to contribute to the marriage. 

For example, if an abuser controlled the family’s finances, prevented their partner from working, or caused financial harm through destructive behavior, the court may award a larger share of marital assets to the other spouse to ensure that they will have the financial resources they need. The victim could be granted possession of the family’s home or other assets needed to provide a safe and healthy environment for their children.

Spousal support, or alimony, may also be influenced by domestic violence. A victim who has suffered abuse may be awarded support to help them regain financial independence. The court may decide that this is necessary if the abuse put the victim at an economic disadvantage. Spousal support may help a person pursue an education or cover other financial needs as they take steps to find work and ensure that they will be able to support themselves and their children.

Addressing Domestic Violence in a Family Law Case

People who have experienced domestic violence may want to take steps to ensure that they can protect the safety of themselves and their children as they leave an abusive relationship. A victim may receive legal help from a family law attorney who can assist with requests for orders of protection while addressing issues related to child custody, property division, and financial support.

A person who has been accused of domestic violence may also work with an attorney to determine how to address these allegations during a divorce or child custody case. A lawyer may help a person respond to an order of protection while working to resolve disputes in a way that will minimize future conflict while protecting parent/child relationships.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Domestic violence cases are complex and unique to each individual situation. For personalized legal guidance, individuals are encouraged to consult with a qualified family law attorney who can assist in navigating the legal processes, including orders of protection, child custody, and divorce proceedings.