Divorce is rarely easy. Sadly, when the situation involves domestic violence, it can feel even more intimidating. Victims are often concerned about their safety, their children, and their finances. If you are being abused and contemplating divorce, a Connecticut divorce lawyer can help you to understand your options and take action to protect yourself and your family.
What Does Connecticut Consider Domestic Violence?
Domestic violence stretches to more than just physical abuse. It can also include threats, stalking, harassment, sexual abuse, and other forms of behaviour intended to control or intimidate a person. These types of behaviour may also be accompanied by emotional abuse in some instances.
In Connecticut, domestic violence can occur between spouses, former spouses, parents who share a child, or people who are in certain family or household relationships.
If you are in an abusive relationship, it’s important to get help as soon as possible.
How Can Domestic Violence Affect a Divorce?
Domestic violence can impact many aspects of a divorce case. The court can consider any evidence of abuse when making child custody and parenting time decisions. Any custody decision is about the safety and welfare of the children.
Domestic violence can also affect issues relating to the family home, financial support, and other matters during the divorce process. Each case is different, and the specific facts will affect how the court will deal with these issues.
Can You Obtain a Protective Order?
Yes, Connecticut law, of course, provides a process by which victims of domestic violence can obtain protective orders/restraining orders from the court under certain circumstances.
A restraining order can prohibit the abuser from contacting, threatening, or coming near the victim. Depending on the circumstances, the court could impose additional restrictions to protect the victim and any children involved. Protective orders can also be an important tool to improve safety while a divorce case is pending.
What Happens if Children Are Involved?
Where there is domestic violence, the court will look very carefully at what arrangement is in the best interests of the child.
Judges consider many factors when making custody and visitation determinations. Evidence of abuse may be important in making those decisions. In some instances, the court may require supervised visitation or restrict a parent’s contact with a child.
The paramount concern of the court is the safety of the child and the creation of a more stable environment.
Do You Need Evidence of Domestic Violence?
Evidence can be used to support claims of domestic violence in a divorce case.
The types of evidence that may be considered include police reports, medical records, photographs, witness testimony, text messages, emails, or court records concerning protective orders, depending on the circumstances.
Not all victims have documentation. Abuse happens behind closed doors. It’s still a good idea to talk to an attorney who can review your situation and help you understand what evidence is available to you and how it might affect your case.
What Should You Do if You Are Considering Divorce?
If you are a victim of domestic violence and are considering leaving your spouse, getting prompt legal advice can help you weigh your options.
Every situation is different, and what is best for you will depend on your specific circumstances. An experienced Connecticut divorce lawyer can help you understand your rights, develop a strategy, and work towards a safer future for you and your family.
If you need help with a divorce involving domestic violence, reach out online or call Merino Family Law at (203) 810-9004 to discuss your situation and learn how a Connecticut divorce lawyer can help.