One reason why couples choose to divorce is that there is domestic violence which is often coupled with emotional abuse. When domestic violence is a part of your relationship, you will want to speak with a divorce lawyer and possibly the police. Violence in your relationship can have an impact on how your divorce progresses.
The First Steps
The first step is to immediately get yourself out of a dangerous situation. If you believe that you were the victim of a crime, you should consider pressing charges. Once you are safe, you will want to speak with a divorce lawyer. One of the first things they may do is help you obtain an order of protection. This will prevent your spouse from contacting you.
Types of Protective Orders
One type of protective order is the magistrate's order. This can be obtained through a civil, district, or county court. You will be able to receive immediate, but temporary, protection if you are the victim of stalking, violence, or sexual assault. Always consult with your lawyer on whether you may be qualified under your specific circumstances. The magistrate has discretion on how long the protective order will last.
Normally, your partner will need to receive a notice before you may have a protective order granted. However, there are some cases where you might be able to receive a civil court protective order without having to give out a notice. When you do this, you may keep possession of your house and car. You may also receive custody of your children and your spouse might be forbidden from speaking to them.
Abusive Behavior and Your Divorce
Make sure to note all abusive behavior and keep records. For example, if you had to visit the hospital due to abusive behavior, these hospital records might be useful for your lawyer during divorce proceedings. Whether or not your relationship is abusive can have an impact on how your divorce will proceed, whether you will receive alimony, whether you will receive the house, and whether you will be able to retain custody of your children.
Also, how you will proceed with your divorce is affected by whether the relationship is abusive. For example, while an amicable divorce can be the least expensive option, it is often not an option if your partner is an abuser. Instead, you may want to rely entirely on your divorce lawyer as an intermediary.