Domestic Violence and Seeking a Divorce
Domestic violence refers to violence that happens in the home, between family members, or people who live together.
It often occurs between spouses, parents and children, ex-couples, people who have a child in common, roommates, or other family members.
Domestic violence is not limited to the poor and uneducated; it's a problem that plagues every race, every religion and every socio-economic class.
Abuse within the home is not limited to physical abuse; it can be sexual, financial and emotional as well.
Many victims suffer in silence; afraid their abuser will harm or kill them, their children, their pets or their family.
Many people have no idea what goes through a victim's mind, unless they have experienced domestic violence themselves.
The deep-seated fears are very real and are not imagined.
No matter how grave the situation is, it's absolutely critical that domestic abuse victims remedy the situation.
Fear of what their abuser will do to them or their children often times keeps married victims from filing for divorce; however, removing oneself and their children from the abuser is absolutely critical.
Failure to remove oneself and their children from an abusive situation can result in serious and permanent physical and psychological injuries, and in serious cases death at the hands of the abuser.
What's more, most abusers were once victims themselves as children.
Children who remain in domestic violence settings are more inclined to continue the cycle of violence themselves when they reach adulthood and potentially claim more victims such as their spouse and their own children.
In 2005, more than 45,000 people were arrested for domestic violence in the state of California, with 155 domestic violence victims being murdered in the same year.
There are several types of restraining orders that can be taken out against an abuser.
These restraining orders are: an emergency protective order, a temporary restraining order, and a "kick-out" order.
A restraining order has many benefits, it can demand that the abuser stops the abuse, it can prohibit them from owning or purchasing a firearm, it can order them to pay child support or spousal support, and it can require them to pay legal fees, medical costs incurred from the abuse and anything else the judge believes is necessary.
If you are concerned that your abuser may not follow the terms of the restraining order, take note that a violation of a restraining order can result in jail time, court-ordered counseling, fines, registration as a sex offender (in cases of sexual abuse), mandatory treatment for drugs or alcohol (where applicable) and probation.
Domestic violence cases are extremely serious, especially where child abuse is concerned.
Victims have every right to seek protection, and spouses have every right to look out for their own safety and the safety of their children when they are seeking a divorce from an abusive spouse.
A divorce lawyer will be a critical element in the process; they can clearly explain your rights to protection, as well as your rights in a child custody matter.
Your situation is dire, and you deserve answers as swiftly as possible.
However, domestic violence and divorce cases must be handled properly if you are to succeed in court.
Following proper protocol will give you the greatest advantage, especially if you are seeking full custody of your children.
Contact an attorney right away if you are in an abusive marriage and are seeking a divorce.
It often occurs between spouses, parents and children, ex-couples, people who have a child in common, roommates, or other family members.
Domestic violence is not limited to the poor and uneducated; it's a problem that plagues every race, every religion and every socio-economic class.
Abuse within the home is not limited to physical abuse; it can be sexual, financial and emotional as well.
Many victims suffer in silence; afraid their abuser will harm or kill them, their children, their pets or their family.
Many people have no idea what goes through a victim's mind, unless they have experienced domestic violence themselves.
The deep-seated fears are very real and are not imagined.
No matter how grave the situation is, it's absolutely critical that domestic abuse victims remedy the situation.
Fear of what their abuser will do to them or their children often times keeps married victims from filing for divorce; however, removing oneself and their children from the abuser is absolutely critical.
Failure to remove oneself and their children from an abusive situation can result in serious and permanent physical and psychological injuries, and in serious cases death at the hands of the abuser.
What's more, most abusers were once victims themselves as children.
Children who remain in domestic violence settings are more inclined to continue the cycle of violence themselves when they reach adulthood and potentially claim more victims such as their spouse and their own children.
In 2005, more than 45,000 people were arrested for domestic violence in the state of California, with 155 domestic violence victims being murdered in the same year.
There are several types of restraining orders that can be taken out against an abuser.
These restraining orders are: an emergency protective order, a temporary restraining order, and a "kick-out" order.
A restraining order has many benefits, it can demand that the abuser stops the abuse, it can prohibit them from owning or purchasing a firearm, it can order them to pay child support or spousal support, and it can require them to pay legal fees, medical costs incurred from the abuse and anything else the judge believes is necessary.
If you are concerned that your abuser may not follow the terms of the restraining order, take note that a violation of a restraining order can result in jail time, court-ordered counseling, fines, registration as a sex offender (in cases of sexual abuse), mandatory treatment for drugs or alcohol (where applicable) and probation.
Domestic violence cases are extremely serious, especially where child abuse is concerned.
Victims have every right to seek protection, and spouses have every right to look out for their own safety and the safety of their children when they are seeking a divorce from an abusive spouse.
A divorce lawyer will be a critical element in the process; they can clearly explain your rights to protection, as well as your rights in a child custody matter.
Your situation is dire, and you deserve answers as swiftly as possible.
However, domestic violence and divorce cases must be handled properly if you are to succeed in court.
Following proper protocol will give you the greatest advantage, especially if you are seeking full custody of your children.
Contact an attorney right away if you are in an abusive marriage and are seeking a divorce.