Facing allegations of domestic violence can ruin your life. It can have a direct and indirect impact on a family law case. The National Domestic Violence Hotline reports that over 12 million women and men face some form of abuse each year.
Handling a domestic violence allegation is extremely challenging. That is why it is important to consult an experienced family law attorney. Legal professionals, like the family law attorneys at BTL Family Law, can help you understand how domestic violence accusations impact your family law case. They also provide the legal expertise required to tackle them and get back to your normal life.
What is Domestic Violence?
Domestic violence is a serious crime that involves acts of violence or threats against one’s spouse, children, or anyone else. In simple terms, it is a type of abusive behavior used to gain or keep power and control over another person in a relationship.
Here are some of the types of domestic violence between married couples:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
- Threatening behavior
What Impact Does Domestic Violence Have?
Domestic violence allegations can have a negative impact. The court will consider the seriousness of domestic violence. Here’s a glimpse of how domestic violence allegations affect a family law case:
Limitations in Divorce Proceedings
If you have a record of domestic violence, then it will be difficult to go through a divorce proceeding. Domestic violence comes under fault-based divorce filings. In this situation, the court will issue a restraining order or protective order for the victim.
Consideration in Child Custody
Allegations of domestic violence significantly affect how child custody is awarded. The courts will never award child custody to an abusive parent.
If you are accused of domestic violence, then it is better to get assistance from an attorney. An attorney can help you prove that you did not abuse your partner or your child.
Determination of Spousal Maintenance or Alimony
Alimony is a maintenance payment given to a partner after divorce. A history of violence may force the court to issue orders for paying alimony for a period longer than usual.
Before awarding alimony, the court will consider these factors:
- The duration of marriage life
- Income status of both husband and wife
- Have children from marriage life
Arbitration or Mediation is Not Applicable
Mediation and arbitration are the best options to resolve the case outside of court. A couple who mutually agree to separate is eligible to resolve their divorce case using mediation or arbitration.
If you have been accused of domestic violence, you may not be able to resolve your divorce case through arbitration or mediation. Because of the domestic violence allegation, the judge may push for court litigation.
In the litigation process, attorneys and judges will take your case seriously. They will check for relevant evidence and witness statements.
Allegations Can Be Used as an Advantage
Most domestic violence allegations are registered in public records. So general people can also view your case. In this situation, your partner’s attorney will use your allegation as an advantage.
To hide your allegation from the public, your attorney will request that you offer some reasonable or unreasonable assets.
Final Thoughts
We hope you understand the impact of a domestic violence allegation in a family law case. It is important to fight and put the perpetrator behind bars.
Legal expertise is essential when dealing with domestic violence cases. It is impossible to remember all the relevant laws while having to deal with the stress of proving them. This is why it is important to hire an experienced family law attorney. They will be by your side, offering empathetic legal representation.