How Domestic Violence Impacts Family Law Proceeding

 

Domestic violence is a serious crime that can have significant impacts on family law proceedings. Domestic violence can occur between spouses, partners, or family members and can cause physical, emotional and psychological harm to the victim. In family law proceedings, domestic violence can affect issues such as child custody, visitation, and support, spousal support, property division, and restraining orders. Domestic violence cases can be complex and emotional, and it is essential to understand how it can affect family law proceedings.

If you or someone you know is impacted by domestic violence, it's essential to understand how it can impact family law proceedings. Today, we'll discuss the different ways that domestic violence can impact family law proceedings and what you can do to protect yourself.

 

1. Child Custody

If a parent has a history of domestic violence, they may not be awarded custody of their children, or their custody rights may be limited. Child custody arrangements are made with the best interests of the child in mind, and if a parent has a history of domestic violence, that can be considered a threat to the child's safety and well-being.

2. Visitation Rights

If a parent has a history of domestic violence, the court may order supervised visitation or deny visitation altogether. The court's main concern is to protect the child's safety, and if a parent has a history of abuse, unsupervised visitation may not be considered in the child's best interest.

3. Spousal Support

In some cases, domestic violence can impact spousal support payments. For example, if a spouse is convicted of domestic violence, they may not be awarded spousal support payments. Additionally, if a spouse is a victim of domestic violence, they may be awarded more spousal support payments to help them recover from the abuse they suffered.

4. Property Division

Domestic violence can impact property division proceedings if one spouse used violence to gain control of or damage marital property. In these cases, the court may award the victim of domestic violence a more significant share of the property award.

5. Restraining Orders

If a victim of domestic violence needs protection, they may file for a restraining order. Restraining orders can prohibit a person from contacting or coming near the victim. Restraining orders can also gain a parent custody or visitation rights. However, it is essential to understand that restraining orders have limitations and may not protect against all forms of domestic violence.

 

Conclusion

Domestic violence is a serious crime that can have significant impacts on family law proceedings. Domestic violence can affect child custody, visitation, spousal support, property division, and restraining orders. If you or someone you know is impacted by domestic violence, it is essential to understand how it can impact family law proceedings. If you are involved in a family law case that involves domestic violence, it's essential to work with an experienced family law attorney who can help you understand your legal rights and options. If you're looking for a family law practice in Orlando, FL, contact Ilvento Law today for more information on how we can help you if you are impacted by domestic violence.