Passionate | Experienced | Strategic

What is the court’s role in divorces involving domestic violence?

On Behalf of | Mar 9, 2023 | Domestic Violence

The court finalizes agreements, arrangements and orders regarding complex issues and disputes discussed during divorce proceedings. However, the judge has a more complicated role when the divorce involves domestic violence.

In these cases, the court plays a vital part in executing the following:

  • Stopping domestic violence from continuing
  • Assessing family dynamics and patterns
  • Intervening to prioritize the abused party’s welfare
  • Making the abuser accountable for their actions
  • Ensuring equity regarding spousal support, property division and child custody matters
  • Addressing the abused party’s needs for safety, independence, health care and financial support

Sometimes, an abuser could impose control over marital properties and all financial resources, leaving the abused vulnerable during a divorce. The court would consider all details of the circumstances before enforcing any orders.

Additionally, the judge might order rehabilitation, training and other programs for the abused to heal and restore their capacity to support themselves and their children.

Seeking legal protection

Domestic violence cases might involve physical abuse, harassment and stalking, and risking imminent harm to the abused party. In these situations, the abused could seek legal protection by getting anti-harassment, no-contact, restraining or domestic violence protection orders.

These are temporary solutions to patterns of domestic violence but serve well in emergencies when the risk is high. Still, receiving these orders depend on the outcomes of evidentiary hearings. These orders could later affect child custody matters as well.

Domestic violence makes proceedings more challenging to navigate because of its impact on the divorce process and decision-making. Even so, speaking up during this difficult time is crucial to reach an outcome that upholds the legal rights of the abused and their children.