Allegations of domestic violence can have an impact on divorce proceedings. Whether you are the person who is facing the allegations or the one who made the allegations, knowing how this fact might impact the divorce is crucial.
How might domestic violence change what I need to do?
If you are the person who was the victim, you should find out about getting an order of protection. Commonly known as a restraining order, this can help you to stay safe by giving you the legal backing from an order that requires your ex to stay a specific distance from you.
Do these allegations impact child custody?
Allegations of domestic violence can impact child custody orders. One reason is that the court won't put a child in danger. The court considers the child's best interests when determining the child custody order. In some cases, the court might order supervised visitation for a parent who is accused of domestic violence. This enables the parent and child to spend together without the court having to worry about something happening with the child.
Does an alleged abuser have to pay child support?
The court will typically require that a parent support their child. Allegations of domestic violence usually don't have any impact on this point. Even if a parent isn't able to see a child, that parent is still responsible for paying child support if it is ordered by the court.
Learning about the different aspects of how domestic violence and divorce come together in your case is imperative. You should be sure that you understand all options that you have, no matter which side of the case you are on.
Source: FindLaw, "Top 5 Legal Questions for Victims of Domestic Violence," Christopher Coble, Esq., accessed March 03, 2017