Domestic Violence and Divorce: How Spousal Abuse Can Affect a Separation
Divorce can be very difficult, especially for those facing domestic violence. Abuse can add a layer of complication to divorce cases, as it can affect divorce proceedings and outcomes.
The Gucciardo Law Firm, PLLC, is highly experienced in handling divorce cases involving domestic violence. If you’re seeking a divorce, our firm is ready to help you.
What Is Domestic Violence?
Domestic violence, or domestic abuse, is abuse that occurs between individuals with an intimate relationship, like spouses. Typically, one person will abuse the other person to gain or maintain control over the other person.
Domestic violence is not just physical abuse. It can encompass many different actions, including:
- Mental abuse
- Emotional abuse
- Psychological abuse
- Sexual abuse
- Threats and intimidation
Domestic abuse can make it extremely difficult for the abused spouse to leave the abusive spouse, especially when the abuser threatens the abused if they try to leave them. This fear makes it particularly important for the abused spouse to seek protection when filing for divorce.
Seeking Protection During Divorce Proceedings
Initiating a divorce typically requires filing a petition with the court with supplemental documentation, but when a divorce involves domestic violence, the petitioning spouse can ask the court for special protection.
When filing for divorce from an abusive spouse, it is wise to petition the court for a Personal Protection Order (PPO). When you file for a PPO, you’re asking the judge to grant a restraining order, protecting you from your spouse.
A PPO can prohibit your spouse from many things, including the following:
- Contacting you in any way
- Speaking with or spending time with your children
- Getting within a certain distance from you or your home
- Obtaining or owning a firearm
Should your spouse violate the terms of the order, they can face legal penalties.
A Personal Protection Order can give you peace of mind during your divorce, allowing you to move forward with ending your marriage.
The Effects of Domestic Violence and Divorce Matters
Domestic abuse can significantly impact various matters related to divorce.
When it comes to property division and alimony, judges examine various details of a couple’s situation when making fair decisions. If the abused spouse can show the abuser’s actions affect them financially, this could affect how a judge divides property and whether they grant alimony.
Additionally, when couples have children, judges must do what is in the best interests of the child. When considering what is best for the child, the judge will take special consideration when it comes to evidence of domestic abuse.
A Michigan Divorce Lawyer Can Help
The Gucciardo Law Firm has extensive experience helping divorcing spouses in Michigan. Divorces involving domestic violence are never easy to bear, but our legal team is on your side. Our attorneys will utilize their knowledge, skills, and resources to help you navigate your divorce and work toward a favorable outcome.
Contact our office today to schedule an appointment with one of our divorce attorneys in Michigan.
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We focus exclusively on family law matters so we are always available to answer your questions and help.