Steps to Take if Domestic Violence is an Issue During Divorce

Domestic violence is a serious issue in some marriages — and it often leads to divorce. If you’ve been a victim of abuse in your marriage or your spouse began to act abusive after the divorce papers were filed, there are several important steps you should take to ensure your safety. In addition, it’s crucial to understand that allegations of abuse and domestic violence can significantly impact divorce proceedings, including child custody, alimony, and property division matters. While every case is unique, it’s best to have a divorce attorney by your side who can advise you regarding your rights and advocate on your behalf.

Here are several steps to take if domestic violence is an issue in your divorce:

1. Contact Law Enforcement if Necessary

Domestic violence can take many forms — including physical, verbal, emotional, sexual, and psychological abuse. It can also consist of stalking, harassment, and threats of violence. If you have been subjected to abuse in your marriage, it’s vital to contact law enforcement when necessary to ensure that your safety is protected. The police take any threats very seriously and it’s important to call for help if you need it. In the event the officer has probable cause to believe that domestic violence has occurred and there will be continued violence, they will take the alleged abuser into custody.

2. Ask the Court for a Protective Order

If you’ve been a victim of domestic violence during your marriage or divorce, it’s essential to put your safety first and foremost. You may be able to ask the court for a protective order to keep the abuser away from you. While obtaining a protective order can feel overwhelming, it’s a good idea to have an experienced divorce and family law attorney by your side who can guide you through the legal process.

If the judge finds that your spouse threatened or tried to harm you, a protective order may be issued prohibiting them from:

• Staying in a shared residence with you
• Contacting or communicating with you
• Threatening violence against you
• Going near your home, work, school, or place of worship
• Possessing guns or weapons

In addition, if the court grants you a protective order, you may also be given temporary custody of any children you share with your spouse.

3. Get the Counseling You Need

Experiencing domestic violence isn’t only a legal issue — it’s an emotional one too. Being a victim of domestic violence can impact mental health significantly, leading to an increased risk of posttraumatic stress disorder, depression, sleep and eating disorders, and more. Whether you see a therapist, join a divorce support group, or talk with a counselor, be sure to get the help you need to heal and move forward. While many couples undergo marriage counseling prior to divorce, it’s vital to seek private counseling to have a safe space where you feel comfortable and can process your emotions in a healthy way.

4. Request a Child Custody Evaluation

If child custody is an issue in your divorce, you should petition the court for a custody evaluation. These evaluations are conducted by mental health professionals who provide the court with an independent assessment regarding custody and parenting time. The evaluation is weighed by the court and helps the judge make a determination concerning custody. Critically, domestic violence and any evidence of abuse of you or your child will be considered during the evaluation process.

5. Understand Your Legal Rights

Domestic violence and marital abuse can significantly impact a divorce in Utah. Depending on the facts of your case, if a judge finds that abuse was an issue in the marriage, they may order a higher amount of alimony. Additionally, the victim spouse might be awarded sole custody if it is deemed to be in the best interests of the child. Although Utah is an equitable distribution state — and marital property is divided in a way that is deemed fair to both spouses — a court might award a larger share of assets to the spouse who was the victim of domestic violence. An abusive spouse might also be held responsible for marital debts, if those debts were related to the abuse.

Learn How a Divorce and Family Law Attorney Can Help

If domestic violence was an issue in your marriage or your spouse began to act abusive after the divorce action commenced, it’s essential to have the representation of a skillful family law attorney. Based in Salt Lake City, BartonWood provides compassionate counsel and reliable representation to clients for a wide variety of divorce and family law issues, including those involving domestic violence.

To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.