The Case for Divorce in Domestic Violence Situations
Domestic violence, whether it involves physical abuse or other forms of harm, can either result from or lead to divorce proceedings. Individuals experiencing domestic violence during a divorce will benefit from consulting a lawyer, especially one experienced in handling divorce cases involving domestic violence.
Statistics show Domestic Violence is on the rise and getting worse every year.
Domestic violence stands as a profound violation of trust and safety, one that casts a long shadow over the lives of victims and their families. This insidious issue not only threatens physical well-being but also undermines emotional stability, leading to lasting impacts that can reverberate across generations. When confronted with such harrowing circumstances, the decision to pursue divorce often emerges as a courageous and necessary step toward reclaiming a life of peace and security.
According to Texas law, domestic violence can be a reason for divorce. If you or your children have experienced physical, sexual, or emotional abuse from your spouse, you can file for divorce citing cruelty.
Role of Divorce Lawyers in Domestic Violence Cases
Having a seasoned family and domestic violence lawyer is essential. Such an attorney can ensure that the process of a divorce involving domestic violence is handled correctly from its initiation to the finalization of the divorce papers.
A divorce attorney with expertise in family and criminal law can guide couples through divorce proceedings where domestic violence is an issue. Those undergoing a divorce with domestic violence must take measures to safeguard themselves, their families, any children, and everyone involved. Thus, seeking advice from a lawyer specializing in divorce cases with domestic violence is vital.
Your lawyer can promptly file an emergency protection order or any necessary motions to prevent further abuse to the victim and/or any minor children.
Types of Abuse
Emotional Abuse | Physical Abuse | Sexual Abuse
Domestic violence, often linked to physical abuse like hitting or kicking a partner, encompasses any behavior or pattern that jeopardizes a partner’s well-being and safety. Emotional abuse can occur when a partner uses threats or criticism to harm someone’s mental health. A partner might also engage in domestic violence by isolating someone from others or restricting their access to financial resources necessary for essentials such as food and shelter. Stalking is another form of domestic abuse, with offenders potentially facing prosecution under anti-stalking laws and restraining orders. Sexual abuse may involve forced sexual interactions or control over reproductive choices. While some states consider even single acts of violence as domestic abuse, many evaluate whether a person is caught in a “cycle of violence” to ascertain if they are experiencing domestic violence.
It’s crucial to document all forms of abuse, whether they occur before or after filing for divorce. If it is safe, individuals experiencing domestic violence should prioritize relocating to a place where their partner cannot locate them. They can then seek additional protection from a domestic violence or family court.
Child Abuse
Even if a parent has never directly harmed a child, witnessing a parent abusing their spouse constitutes emotional abuse towards the child.
Prioritizing Safety
Above all else, prioritizing safety is paramount in situations of domestic violence. Leaving an abusive relationship is not merely a choice; it is a crucial act of self-preservation that allows victims to reclaim their autonomy, regain control over their lives, and initiate the often challenging but essential process of healing. Divorce can serve as a legal barrier against the abuser, creating safeguards that protect both the victim and any children involved from further harm. This separation can facilitate the establishment of boundaries that are critical for the well-being of everyone affected.
Emergency Orders and Restraining Orders
Restraining orders, also known as protective orders or injunctions, are civil measures designed to protect individuals experiencing domestic violence from their abuser. Generally, a person can obtain a temporary restraining order (TRO) from a domestic violence court swiftly and without a full court hearing or confronting their alleged abuser, whereas long-term restraining orders usually require a detailed hearing with both parties present.
If the domestic violence situation is not an immediate threat, and a divorce case is pending in family court, an individual may submit an emergency motion for protection in family court. An emergency protection motion can also be useful in situations where there has been no prior domestic violence, but an individual fears their spouse may retaliate during the divorce. However, a family court judge will likely request evidence in the form of a sworn statement or a complete evidentiary hearing before issuing such an order.
Judges have discretion in determining how a restraining order or emergency order will protect an individual facing domestic violence. The order may impose restrictions such as avoiding physical or non-physical contact, maintaining a certain distance from the person experiencing domestic violence or their workplace, school, or home, or refraining from committing or threatening to commit domestic violence. If the parties cohabit, the order may evict the alleged abuser. In some cases, the order may prohibit the alleged abuser from owning or purchasing firearms. The order may also safeguard minor children at risk of experiencing domestic violence.
Consequences of Violation
Violating an order related to domestic violence may lead to serious consequences such as:
- A reduced or eliminated right to spousal support
- An increased spousal or child support obligation
- Reduced parenting time
- Fines
- Jail time
- Effect of Domestic Violence on Divorce
If an order concerning domestic violence is issued or if other evidence of domestic violence emerges, factors in divorce such as child custody and spousal support (alimony) might change. Nonetheless, the extent to which judges consider evidence of domestic violence in divorce rulings can differ among courts.
Other Limited Rights
If domestic violence is proven, a court could limit a parent’s rights to child custody, even if the violence did not occur in the child’s presence. Nonetheless, most courts will not completely deny visitation rights unless someone aimed the domestic violence directly at the child. A parent worried about their safety can request the court to consider these concerns by incorporating protections into the visitation arrangement, such as meeting in a public place or having supervised visits.
Domestic violence may also affect alimony. Some judges may consider how domestic violence has affected the abused spouse’s ability to support themselves. In cases where the court would otherwise order the abused spouse to pay spousal support to their abuser, some states allow a judge to excuse the abused spouse from paying alimony.Other states completely prevent anyone convicted for domestic violence from receiving alimony. However, not all states allow a judge to consider domestic abuse when determining alimony. Furthermore, if domestic violence is established in a divorce case, it can affect asset division and spousal support. The court might take the abuse into account when deciding on a fair property distribution and whether to grant spousal maintenance to the victim. In Texas, divorce proceedings can also pursue damages from the abusive party for any injuries and associated treatment and care incurred by the victim.
Breaking the Cycle of Trauma
Moreover, remaining in an abusive environment can perpetuate a vicious cycle of trauma, which can have detrimental effects on mental health and well-being. By choosing to divorce, individuals take a decisive stance against the normalization of violence, enabling them to foster healthier environments for themselves and their families. This choice is not just about ending a painful relationship; it is about laying the groundwork for a future free from violence and fear, breaking the cycle of abuse that can extend across generations.
Emergency Divorce
Texas allows for emergency expedited divorces. These are also known as a default divorce, fast divorce, or summary divorce, or uncontested divorce. An expedited divorce can allow individuals experiencing domestic violence to completely remove themselves from their abuser much more quickly than most other divorce options.
In Texas, a court can grant a divorce only if the couple has lived apart for at least 60 days. This means that if the couple is still living together, the fastest way for them to get divorced is for one spouse to move out of the shared residence.
Types of Divorce
- Default Divorce
- After the 60-day waiting period, the spouse who starts the divorce process can submit the divorce filing. Then, the other spouse will receive the divorce documents and have the chance to reply. If the respondent does not reply within 20 days, the divorce can proceed by default. This is called a default divorce and is the most direct method to obtain a divorce in Texas.
- Under certain circumstances, courts can finalize divorces filed on grounds of cruelty without the typical 60-day waiting period required for no-fault divorces, allowing you to quickly separate from an abusive partner. However, because of the complicated issues involved in these divorces, the process often takes longer than 60 days to complete.
- Simplified Dissolution of Marriage
- This option is open to couples without children who have mutually agreed on the divorce terms, including property division and spousal support. In such instances, the couple can submit a joint divorce petition and have the divorce approved without a trial.
- Summary Divorce
- This option is open to couples married for under 10 years, without children, and possessing minimal assets and liabilities. A judge can approve the divorce following a short hearing, eliminating the necessity for a trial.
- Uncontested Divorce
- If both partners agree on the divorce terms and reach a settlement, they can apply for an uncontested divorce. This is the quickest and most economical method to divorce in Texas as it removes the necessity for a trial.
A New Beginning
Ultimately, divorce is not merely an ending; it represents a pivotal step toward a new beginning. It is a declaration of one’s right to live a life characterized by respect, dignity, and love, free from the shackles of fear and control. For those navigating the treacherous waters of domestic violence, it is essential to seek support from trusted friends, family members, or professional resources such as counselors and legal advisors. Evaluating the available options carefully, and understanding the implications of divorce, can empower individuals to make informed decisions that align with their needs and circumstances.
In conclusion, the case for divorce in domestic violence situations is compelling and urgent. It is not just about ending an abusive relationship; it is about reclaiming one’s life and ensuring a safer future for oneself and for future generations. Taking this step requires immense courage, and it is essential for individuals facing such difficult choices to remember that they are not alone in their journey toward healing and empowerment.
Filing for Divorce When Domestic Violence Is a Factor
If you intend to file for divorce and are a victim of domestic violence or have an Order of Protection against your abuser safeguarding yourself, your children, or both, it is important to contact an experienced and knowledgeable divorce attorney, such as those at Graham Family Law, who can assist in protecting you from ongoing or short-term domestic violence in your marriage.
Domestic Violence Resources
Safety Alert: People can easily monitor computer use, and it is difficult to completely delete information off the computer. If you are afraid someone might monitor your email, Internet, or computer use, use a computer that cannot be monitored or contact the National Domestic Violence Hotline.
800-799-SAFE (7233)
Trained advocates answer the National Domestic Violence Hotline 24 hours a day, providing crisis intervention support, safety planning, education, advocacy, and referrals to local shelters and other resources in Texas.
If you’re in an emergency and need immediate help from the local police department, call 9-1-1
