Domestic violence is a devastating issue that affects millions of individuals worldwide. When victims decide to leave an abusive relationship through divorce, they face numerous challenges and potential dangers.
A skilled family law attorney with experience handling domestic violence cases can provide crucial support, guidance, and protection throughout the divorce process. This article explores the various ways in which an attorney can assist victims of domestic violence during divorce proceedings.
Initiating the Divorce Process Safely
One of the most critical roles an attorney plays in domestic violence cases is helping victims develop comprehensive safety plans. These plans are essential for ensuring the victim's well-being during the volatile period of separation and divorce. Attorneys work closely with their clients to:
- Identify safe places to go in case of emergency, such as shelters, friends' homes, or family residences
- Create a support network of trusted individuals who can provide assistance once the process is initiated
- Understand their legal options for protection and how to access them quickly
- Develop strategies for maintaining privacy and security, such as changing phone numbers or email addresses
Petitioning the Court for Temporary Protection
Attorneys also play a crucial role in obtaining temporary protection orders to protect victims from further abuse. These legal documents last for a set period and can provide immediate protection by:
- Restricting the abuser's ability to contact or approach the victim
- Establishing temporary child custody arrangements that prioritize the children's safety
- Limiting the abuser's access to shared property or residences
- Requiring the abuser to surrender firearms or other weapons
Proper documentation of abuse is critical for building a strong case in divorce proceedings. Attorneys advise their clients on how to gather and preserve evidence of domestic violence, including:
- Photographs of injuries or property damage
- Medical records detailing treatment for abuse-related injuries
- Police reports of domestic violence incidents
- Witness statements from friends, family members, or neighbors who have observed the abuse
- Text messages, emails, or voicemails containing threats or admissions of abusive behavior
This documentation serves as crucial evidence in court, supporting the victim's claims and potentially influencing custody, property division, and support decisions.
How Domestic Violence Factors Into a Divorce Settlement
Child Custody
In divorce cases involving domestic violence, child custody matters are greatly impacted, as the safety and well-being of children are paramount. Attorneys can advocate fiercely for their clients during custody proceedings to ensure that any arrangements protect the children from potential abuse. This may involve:
- Arguing for sole physical and legal custody for the victim's parent
- Recommending supervised visitation for the abusive parent
- Requesting that exchanges of children occur in safe, neutral locations
- Advocating for restrictions on the abuser's ability to make decisions regarding the children's welfare
Attorneys can present evidence of abuse to the court, demonstrating how it impacts the children's safety and best interests.
Division of Property
In Washington, the court allocates property and determines spousal support without consideration of marital conduct. While domestic violence will not factor into the division of marital property, attorneys can advise clients on how to uncover hidden assets or income that the abuser may be concealing to avoid fair distribution.
Spousal Support (Alimony)
Financial stability is crucial for victims leaving abusive relationships. Attorneys can argue for appropriate spousal support by:
- Demonstrating the victim's financial needs and the abuser's ability to pay
- Arguing for long-term support if the abuse has impacted the victim's ability to work or earn an income
- Requesting immediate temporary support to help the victim establish independence
- Addressing any economic abuse that occurred during the marriage
Petitioning the Court for Full Protection Orders
While temporary protection orders provide immediate protection, attorneys also assist in obtaining long-term protection through full protection orders. This process involves:
- Gathering comprehensive evidence to support the need for ongoing protection
- Preparing the victim to testify in court about the abuse
- Arguing the case before a judge and presenting evidence and witness testimony
- Drafting detailed orders that address all aspects of the victim's safety concerns
Permanent restraining orders can provide protection for years, offering victims peace of mind and legal recourse if the abuser violates the order.
Helping to Enforce Court Orders as Needed
Unfortunately, abusers may attempt to violate court orders related to custody, visitation, support, or protection. Attorneys play a crucial role in enforcing these orders by:
- Filing contempt of court motions when orders are violated
- Working with law enforcement to ensure that violations are taken seriously and addressed promptly
- Documenting all instances of non-compliance to build a case for stricter enforcement or modification of orders
- Representing the victim in enforcement hearings to argue for appropriate penalties for violations
As circumstances change over time, existing court orders may need to be modified to ensure ongoing protection and support. Attorneys assist with this process by:
- Monitoring the situation for any changes that warrant modification of orders
- Advocating for increased protections if the abuser's behavior escalates or new threats emerge
- Filing the petition and helping victims navigate the legal process of modifying existing orders to reflect current needs and circumstances
To learn how the attorneys at McKinley Irvin can help you specifically, schedule a case consultation today by calling (888) 337-0258.