What Are my Rights in a Divorce with Domestic Violence?

Domestic violence in marriages is a very real issue, and something that is sadly overlooked all too often. The National Coalition Against Domestic Violence has found that a woman is assaulted or beaten in the U.S. every 9 seconds, and domestic violence hotlines get about 28,000 calls each day. In many of these situations, there is some type of financial control and a woman may have a very difficult time leaving, especially when children are involved. You may wonder what your rights are if you are going through a marriage involving domestic violence and how you can move forward to protect yourself.

How Can I Protect Myself and my Children’s Rights? 

With the help of your attorney, you can sit down and work together to show that your spouse is a threat to you. This can help you establish a protective order. Your lawyer will come to be familiar with some of the incidents you have experienced and what actions should be taken to prevent them from happening in the future.

You may think that you have several options as far as divorce court is concerned but here is the honest truth: Mediation is not a very good choice for those who are being abused by a significant other. Mediation is mostly meant for those that can come to an agreement about their divorce settlement, and your abuser may push for mediation but this does not mean it is right for your situation. They may be doing this so that they can bully you into giving up things that you are actually entitled to in your divorce settlement. You want to also remember how to protect your children in a domestic violence case, which requires gathering and coming forward with evidence of threats or events.

Difficulties Along the Way 

During divorce proceedings, you may be tempted to stay in your house but you should never do this as you could be putting yourself in danger. Their rage could grow in the event of a divorce. You should find shelter through a family member or friend’s house and not tell your spouse where you are going if you believe divorce will aggravate them. You may feel as if you are stuck, but you should never give up because the court will hear your side of the case. It is always best to protect yourself.

If you are dealing with domestic violence in your divorce case and aren’t sure where to turn, we may be able to give you the guidance you need to move forward. We can help you every step of the way in your divorce case. Call us for more information.