How Domestic Violence Impacts Your Divorce
Domestic violence makes divorce much harder, but the right legal team can simplify the process and explain options. Contact Hamilton O’Neill today if you are the victim of domestic violence. Our firm has helped clients obtain orders of protection, and we can analyze how documented domestic violence can influence a contested custody case and other issues.
The Impact of Domestic Violence on Divorce
No one should live in fear. However, domestic violence limits a person’s ability to move about freely.
Here is how domestic violence can impact your divorce:
Forecloses mediation. If you are threatened by your spouse, then mediation is usually off the table. Any restraining order will limit the ability of your spouse to be within a certain distance, so you cannot attend mediation. It is much harder to have an uncontested divorce when a spouse has been abusive.
You probably also fear that your spouse will abuse your children, which means child custody can be contentious. Talk with our office. We know that this is a stressful time, and we can use our skills to fight for custody. A judge must consider documented domestic violence when determining custody of the children under Florida law.
Causes stress within families. Many people hide their abuse for years, possibly decades. Your friends and family might have no idea your spouse has abused you. When you finally get a restraining order and file for divorce, the allegations explode. You might discover that close friends aren’t so close and distance themselves from you. Members of your family might blame you for the violence.
Many people are unprepared for what going public with accusations of domestic violence feels like. Your extended family might be financially dependent on your spouse. Siblings could work for your husband, for example, or your spouse is making financial contributions to retired parents.
Extends the divorce proceedings. Divorce can take much longer when there has been domestic violence. Your case is probably contested, and you could disagree on all critical issues, including child custody and alimony.
Your choice of lawyer is important. At Hamilton O’Neill, we can keep your divorce on track, reducing unnecessary litigation and limiting stress on our clients.
Unforeseen challenges. Don’t be surprised if your spouse “fights back” by levying false accusations of domestic violence against you. Many people are shocked when this happens, and they are not prepared to defend themselves legally.
Your lawyer should fully investigate all accusations and gather evidence. We can speak to witnesses and help document what happened during arguments. These allegations are usually brought up in a divorce for leverage.
You might even be subject to a restraining order, which you must comply with, even if you think the accusations against you are frivolous. Any violation could result in a criminal charge, so it is important to understand your obligations.
Contact Hamilton O’Neill Today
Our firm can step up and seek legal protection if you are facing domestic violence or abuse. We can discuss how to request a protective order, as well as answer questions. Speak with a Miami domestic violence lawyer.