Questions About Divorce and Domestic Violence?

Call Our San Jose Domestic Violence Lawyers Now

Domestic violence is an unfortunate yet all-too-common problem in the United States. According to the National Coalition Against Domestic Violence, over 10 million women and men are abused in the United States annually. In cases of domestic abuse, victims more often than not have to deal with not only physical pain, but emotional trauma as well. Regardless of the type of abuse, victims of domestic violence have been betrayed by those who should have been closest to them. In addition to contending with physical and emotional wounds, you may wish to take measures to divorce your abuser to ensure the safety of your family; chances are, however, that you are scared and/or do not know where and how to begin the process. Unfortunately, it is often this unstable and vulnerable position that overwhelms victims of an abusive relationship into not taking action.

Divorce that does not involve domestic abuse is complicated enough; let the experienced San Jose domestic violence lawyers at the Law Office of Daniel Jensen, LLP. help secure your safety so that you have the confidence to face the bright future ahead. Divorcing and/or pressing charges against your abuser can be a difficult decision to make. Just know that when you do make the decision to press charges, you do not have to go through the divorce process alone. Fortunately, there are a number of different legal options in place to protect domestic violence victims from further abuse. These include restraining orders, criminal charges against domestic violence aggressors and divorce. With the help of a skilled and understanding attorney, you can get the help you need in order to escape your abuser.

Are There Different Forms of Domestic Violence?

Domestic violence can take many forms and can affect anyone — children and adults alike. However, pursuing legal action with the aid of a skilled domestic violence lawyer can help put an end to the abuse that you have wrongfully suffered.

The most common forms of domestic violence are:

• Psychological abuse – This includes any verbal, emotional, and/or mental abuse.
• Physical abuse – This type of abuse includes sexual assault or physical attacks.

If you or your children are victims of the above (or any other circumstance of domestic abuse), we urge you to seek legal help today in order to receive the help you need to live your life safely — as is your constitutional right.

How Does Domestic Violence Affect Divorce and Child Custody Issues?

No matter the situation, the court is responsible for acting in the best interests of the child in child custody hearings. He or she will determine which parent should have physical custody of the child(ren) based on testimony and evidence brought forth during the hearing.

Examples of evidence that can be used in domestic violence cases involving child custody include:

• Proof that the abuse was directed towards, or had some effect on, the child.
• If the accused poses a danger to the child(ren) and/or the other parent (the accuser).
• Police reports or other official record of frequency of domestic violence episodes.
• If the accused has a criminal past, is on parole and/or has a pending criminal case against them this can be brought forth as something for the judge to consider.
• If the abuse is physical, proof of the abuse is helpful to the accuser’s case. Photographs will suffice.

If you and/or your children are in immediate danger, talk with a domestic violence lawyer about filing for a restraining order. You may also file a petition for temporary custody prior to the hearing. Please note that you will have to provide some proof of domestic violence for the petition to be considered.

Does Domestic Violence Affect Visitation Rights?

The court is required to grant visitation in some form, if at all possible. This is obviously not the case if it is not in the child’s best interest to be around the accused. However, supervised visitation is still an option in these cases. This varies case-by-case. In the event that both parents are found guilty of child abuse — meaning there are verifiable threats to the child(ren)’s physical or mental health — custody can pass to a relative. In the case that there is no relative available to care for the child(ren), a family friend or designated other can take custody of the child(ren); if none exists, the child will go under the protection of the state and put into foster care.

It is important to note that a parent who knew about the abuse, but did not do anything to prevent it, can be considered an accessory and their parental rights will be brought into question.