5 Ways Domestic Violence Impacts Divorce
Domestic violence can play a key role in the outcome of a divorce. You must show that family violence, also known as domestic violence, has occurred during the marriage. It is important to immediately contact the police if you are afraid for your safety. Once you are safe, you should contact an experienced attorney to protect your rights in Court.
A victim of domestic violence may seek the Court’s assistance in requesting an order obligating the alleged perpetrator from having absolutely no contact with the victim and refraining the perpetrator from going where the victim resides or works. A victim may obtain a Temporary Restraining Order (TRO), A Magistrate’s Order of Emergency Protection (MEPO), or a Protective Order.
A victim of domestic violence may be financially dependent on the abuser’s income. If a spouse is convicted of or received deferred adjudication for family violence two years before divorce is filed or while it is pending, then the battered spouse may qualify for financial support to meet his or her reasonable needs.
The legal presumption states that parents shall share custody of their children. However, when there is evidence of domestic violence, the judge may deny the abusive parent joint custody and order supervised visitation periods or prohibit overnight visitation. In severe cases, the judge may terminate the abuser’s visitation altogether and the other parent will gain full custody of the children.
Division of Marital Assets
A spouse’s abusive behavior during the marriage may be a factor considered when dividing a marital estate. You must request a disproportionate share in your petition for divorce on the basis of domestic violence or cruel treatment in order for the Court to consider those factors when dividing property.
Break a Residential Lease prematurely
Tenants protected by a court order, such as a temporary injunction issued under Section 6.502, of the Texas Family Code, a temporary ex parte order issued under under Chapter 83, of the Family Code, or a protective order issued under Chapter 85, of the Family Code may be allowed to break a residential lease without any liability for future rent.
False allegations of domestic violence are made when divorce is imminent and used as leverage when negotiating a divorce settlement.
If you are in a situation like this, the best chance of achieving a favorable outcome is when you have an experienced attorney with you. Contact Sanchez and Flores for a free consultation at (512) 212-7851.
For more information please watch Texas Young Lawyers Association ‘s video: Healing the Wounds