In domestic violence situations, one or both parties may need to seek an intervention order. This order is dealt with by police and attorneys. It is vital in family law matters such as parenting and property proceedings. If you are experiencing domestic violence in your relationship, a lot of community organizations are available for help. Also, many attorneys offer a confidential no-obligation initial appointment.
Picking an attorney to defend your divorce case can be challenging. It gets even worse when you have to file a spousal or domestic violence case. However, it is important to take a stand for yourself and work with a salt lake city spousal abuse lawyer to give you legal representation.
Abuse in No-Fault Divorce
From a legal perspective, a history of abuse is not relevant in the actual filing of the divorce. When filing a divorce, you indicate the divorce is necessary for irreconcilable differences. Thus, it is no one’s fault, legally. Your attorney will help prove the irretrievability of your marriage.
How a History of Abuse can be Used in Property Division and Child Custody
When settling property, the court will ensure equitable distribution. The court may consider any history of abuse, adultery, and the like. Also, abuse is considered when the court decides child custody.
Getting Court Protection Against Domestic Violence
If you have been abused by your spouse, do not hesitate to get help. You have a legal right to court help. You can ask the court to keep your spouse or partner away from you through an order called Protection from Abuse (PFA). If your spouse ignores the order, they may go to jail. Your lawyer will represent you in matters of protection.
A lot of people are more afraid of angry reprisals during the divorce process than they are of the domestic abuse itself. But, a licensed, experienced family law attorney can advise you of measures you can take to guarantee your safety even during a contentious divorce. Any advice your lawyer will give will reflect the importance of your safety.
What to Do If you Feel your Safety is at Issue
Your lawyer will advise you to document all past and present domestic abuse on a police report. Also, it will be best to move to another place. Get a restraining order through the services of your attorney. If you have children you can have your lawyer requests that the court permits only supervised visitation with any children. If the court denies this request, consider arranging for the drop-offs and pick-ups to happen at the local police station.