How Domestic Violence Charges May Affect Divorce

How Domestic Violence Charges May Affect Divorce

Domestic violence and abuse may usually sway the judge to remove custody of children, enact temporary orders, and even deny the aggressor of visitation. If the violent individual is more than a custodial parent, it may prompt the judge to consider increasing the amount for child support and spousal payment.

Prior to or during the divorce process, one of the parents may seek an emergency or temporary order to get child custody and seek housing assistance with family or through the court. It’s possible to move out of the home or get an order to kick the violent spouse off the property.

When the judge knows the violence that rocks the home, it might directly affect the divorce proceedings. At some point, the judge may have a negative attitude with the individual who received domestic violence charges. It’s more important that the victim of the violent person works with The Law Offices of Keren Goldenberg to expose the matter to a judge.

Laws of Custody

Typically, after the aggressor receives domestic violence charges and faces the divorce process, the person will have a harder time trying to acquire child custody. The judge assesses all factors, but domestic violence convictions or charges generally eliminate the likelihood of custody, and could even minimize visitation. The worse the charges of domestic violence, the more likely the aggressor will lose all visitation or custody rights. It’s crucial to prove the domestic violence charges false before divorce or use legal support to fight for custody.

Order of Protection

Domestic violence may lead to an order of protection (restraining order) on the violent individual. This will generally affect all divorce related matters including visitation, support, and compensation. With the restraining order in place, the spouse will be able to remove visitation, custody, and involvement of the violent parent from the child or children’s life.

The order of protection may make it possible for the spouse to receive spousal support from the other aggressive partner. The victim may stand a chance of being compensated for medical bills, injuries resulting from the violent activity, and destruction of property at home by the other party. With a restraining order, the victim can get the individual out of the house and seek a peaceful life without the aggressive person’s interference. Initially, an attorney may present the domestic violence case to a judge with all the relevant documentation and then help with the divorce process afterwards.

Domestic Violence Charges

When a spouse causes violence in a home, a lawyer or police may initiate a process of civil or criminal charges. Initially, the charges could result in a temporary order against the party, or quick medical help to the victim. If the victim of domestic violence doesn’t file a law suit against the aggressor, the police may commence the criminal process.

The process may proceed with or without the victim. The severity and evidence of the crime may cause a prosecutor to carry on with the case and criminal charges even if the victim fails to testify about it. These charges may take place at the same time or completely separate from divorce, and may increase the monetary penalties the violent party is required to pay the victim.

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