Domestic violence can significantly affect a lot of life areas including divorce and child custody. If you are in the middle of a divorce and have experienced domestic violence, you must hire a lawyer who will protect your rights. Domestic violence is a complicated case and requires a lawyer’s extensive know-how of the law. From the physical and emotional effects to the legal and financial consequences, victims may not be able to handle a domestic violence case on their own.
Divorce and child custody cases can be quite stressful and experiencing domestic violence makes your family situation even more painful. As a victim, you may feel powerless. By consulting with a domestic violence attorney, you can get the necessary support and legal resources to help you regain control. You should visit this page to find a good lawyer to help you.
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Divorce and Domestic Violence
Domestic violence is the main reason couples file for divorce in Utah. In a lot of situations, victims can get a protective order if there is ongoing violence or a fear of future violence or abuse. If you are a victim, you may then start the divorce or custody proceedings. You may file an at-fault divorce. But you can properly determine your case if you speak with a skilled divorce attorney.
In family courts, domestic violence is taken seriously. Typically, courts award domestic violence victims with child custody, stay-away orders, a protective order, a huge share of marital assets, and a higher amount of spousal support.
As a victim, you must get proof and demonstrate situations of domestic violence you have experienced before, during, and after you file for divorce. Having legitimate proof that shows the type of abuse you endured and how it affected you physically, emotionally, mentally, or economically will strengthen your case.
Domestic Violence and Child Custody
When family courts make determinations in terms of child custody, they always consider what’s best for a child. Typically, they favor joint custody, but a domestic violence history that involves the child or occurs in the child’s presence will change their stance. Courts will usually award full custody to the abused parent or limit the visitation rights of the abusive parent. A history of domestic abuse or failure of a parent to protect their child from witnessing or enduring violence in their households can result in full termination of parental rights. Instances of domestic violence must be reported and recorded, if possible.