It takes sacrifice, the utmost courage, and a willingness to make the decision to divorce a spouse who is abusive. When children and/or a long term marriage are a factor, these strengths can amplify tenfold.
Divorcing an Abusive Spouse is Not Always Easy
It is very easy for a person who is not in an abusive relationship to say to the victim “why don’t you just walk away.” Our family law and divorce lawyers know this is easier said than done. In order to to this the right way, strategy, preparation, and great legal advocacy is key.
What is Abuse?
Abuse can be defined in a broad number of ways, but generally means to cause intentional or reckless harm through:
- Bodily injury
- Sexual assault
- Imminent bodily injury
It is important to check with your state laws about how they define abuse as well. For example in some states, attacking, threatening, assaulting, harassing, stalking, and molesting, as well as, destroying personal property and disturbing the peace can constitute abuse.
Situational Domestic Violence
When abuse is a factor in a divorce case, a judge may determine whether the abuse is an isolated incident or a pattern of abuse. Situational domestic violence is common in divorce cases that involve abuse and tend to involve external circumstances that cause an otherwise non-abusive spouse to be abusive. For example, addiction, financial problems, infidelity, a spouses decision to leave, and so forth could result in situational domestic violence.
If situational domestic violence is a factor in a divorce case, a restraining order may be recommended by a divorce lawyer, like a divorce lawyer in Austin, TX, This order can be sought with the help of your divorce lawyer and may be temporary or permanent. Most of the times, these orders are handled on an emergency basis and without notice. A hearing may take place within a short period of time.
A Divorce Lawyer Can Help with Things Other than the Divorce
As a divorce lawyer who has handled many cases involving abuse and domestic violence, we have helped clients to not only file for, and go through with, a divorce, but we have also referred clients to licensed counsellors and therapists who can facilitate a healing process for the client and any children involved. We are also able to assist the spouse in facing the abuser in the legal system, recovery government assistance, and more.
If You Are Planning to Divorce an Abusive Spouse
Our divorce lawyers can help you to document your domestic violence and abuse situations, file a restraining order, protect your children, and file for a divorce. If you have been abused by your spouse and are ready to file for a divorce, let a divorce lawyer from Gray Becker, P.C. for their insight into divorce law.