Survivors and advocates navigating family law in cases of domestic violence can face a range of legal issues, including obtaining protection orders against an abuser, filing for divorce or custody of children, and seeking child support. Navigating family law is challenging, especially if survivors are working with attorneys who do not have a strong background in this field and who are unfamiliar with the nuances of the laws in their state.
The following resources offer a number of different perspectives on the issues and complexities of navigating the family court system in cases of domestic violence. They are designed to help survivors and advocates understand the legal processes, the impact of custody decisions on children, and how to best work with attorneys to ensure a smooth legal process.
Overview of the Legal Landscape
Unlike many legal fields, family law matters often include several separate areas of law, such as property division, child custody and spousal support. Attorneys must have a deep understanding of all these areas and be able to apply that knowledge in ways that are tailored to the unique needs of each client.
A Guide to Divorce, Custody and Child Support
In most states, a spouse or partner can file for divorce or custody of children after a significant amount of violence has occurred. A contested divorce or custody case can be extremely stressful and emotionally draining, as well as legally complex. The legal process can be complicated, with multiple court hearings and proceedings required.
How to Get an Order of Protection
In some jurisdictions, a survivor may be able to obtain a restraining order without having to go through the legal process of obtaining a divorce or custody of children. A restraining order is a protective order that prohibits the abuser from coming near the survivor or their children, from contacting them, or from making certain statements.
This is an important tool that can be used to protect the survivor in the event of an abuser’s future threats of physical harm, sexual assault, and other violent acts. Additionally, a restraining order can be used to protect the children of a victim from the abuser after they have left or are preparing to leave the abusive relationship.
What to Do If You Are Accused of Domestic Violence
In some states, a survivor who has a valid domestic violence charge may be able to secure an arrest warrant and arrest the accused abuser for violation of the order. A restraining order can also be a useful tool to fight false allegations of domestic violence, which often come with baseless accusations and retaliatory measures that can lead to further violations of the restraining order.
Experiencing the Effects of Post-Separation Abuse
One of the most challenging challenges for survivors of domestic violence is the effects that separation has on their relationships with their children. These effects can be both positive and negative, and can be exacerbated or mitigated depending on the circumstances of the divorce. If you need help on your case visit Davis and Associates, Attorneys at Law at https://www.themiamidivorceattorneys.net/.