If you or someone you know is a victim of domestic violence, it is important to seek help as soon as possible. Calling the police or a local domestic violence hotline can be a good start, but you may also need to seek help from a lawyer.
The impact of domestic violence on divorce is largely dependent on the specific circumstances of your case. Depending on the type of abuse you and your spouse have experienced, it can affect how you share assets, spousal support and child custody in a divorce.
Getting the right divorce attorney in Miami for you can be key in navigating the process and finding the best outcome possible for you and your family. An experienced divorce attorney in Miami who handles domestic violence cases will have the resources and expertise needed to ensure you are protected and treated with fairness during and after the divorce process.
What are the Different Types of Domestic Violence?
Abuse may include physical, emotional, sexual or economic abuse. It may also include controlling or threatening behavior, such as stalking, harassment or threats.
Some signs of domestic violence can be hard to spot. For instance, some victims don’t have bruises or black eyes or may not be in immediate danger. But they feel controlled or uncomfortable, are being forced into doing something they don’t want to do or are being intimidated by their partner.
Domestic violence can also be caused by false accusations of domestic violence. These can be especially damaging if they are made with the intent of exacting revenge on your spouse.
Legal & Physical Custody of Children:
The decision on how to care for children during a divorce is usually based on what is in the best interests of the children. This means that the court will consider how a parent’s abuse or a history of abuse has affected a child’s safety and security.
It can have a significant impact on the parent’s rights to access their children, whether it is outright denied or reduced in some way. In extreme situations, a judge might refuse to allow the abuser to see their children altogether.
In other cases, a judge will allow access to their children if they are concerned about the abuser’s ability to provide for them safely. This may include supervised visitation or other protections.
Leaving the House:
If you are a victim of domestic violence, you should pack an emergency bag and leave your home as soon as possible. This includes your clothes, money and other necessary items.
Keep an eye on your phone and text messages as well. Your abuser can use these to monitor your calls and texts and track you down.
A good idea is to keep a diary of your abuse during the marriage. This can be helpful when you decide to file for a divorce and will help your divorce lawyer understand the full extent of your abuse.