Admitting that you and your children are not safe at home is a scary dilemma. You know you need to get out, but you may not know how to do it safely. Violence often escalates when the abuser finds out or suspects that you are about to break up.
There are steps he can take to protect himself and his family. One of them would be to establish a relationship with a qualified Virginia family lawyer. They can give you advice and help you prepare for separation or divorce.
plan if possible
Unless you and your child are in immediate danger, planning ahead can go a long way. To find out what to expect when you file for divorce, schedule an appointment with an experienced Virginia family lawyer. You can prepare for many things
save some cash
When you file for divorce, the court issues an order not to dispose of marital property. In a few weeks, a court order will be issued allowing bills and necessities to be paid from the marital fund, but if you have to part ways soon, you may want to leave some money behind or give it to someone else. It is important to know if you can count on the loan. , ,
record every catastrophic event
Be careful that your spouse calls you or your children, calls you names, throws objects at you, or makes verbal or physical threats until you are ready to leave. Photograph the shards of dishes he threw at the wall and the bruises on his wrists. If your spouse alleges that you exaggerated or misrepresented the facts to obtain a divorce or custody claim, your notes and photographs may provide evidence of a dangerous home environment, which you may need.
support system maintenance
Depending on your situation, a trusted friend, family member, counselor, or support group can be a great source of practical advice and emotional support. Abusers are often manipulative and may resort to manipulative and other behaviors to undermine your desire to separate. Lots of support from others can help you focus on keeping yourself and your baby safe.
Getting a Protective Order in a Domestic Violence Case
In Virginia, domestic violence is an act of violence, force, or intimidation that creates fear for the safety of oneself or others. If you experience this type of behavior, you can file for a protection order.
A protection order can prevent the abusive spouse from entering the home, visiting, or communicating with the spouse (the petitioner) who is applying for the protection order. If necessary, the court can award temporary custody to the applicant and can require the applicant to pay temporary alimony and child support if a protection order is issued.
urgent order
If your spouse or partner is physically aggressive towards you or your children, call the police. The police can arrest the abuser and arrange for an emergency order of protection. Courts can issue these orders 24 hours a day, 365 days a year, and they are effective when served. However, its effect lasts only a few days.
primary protection order
You can ask the court to extend the emergency protection order by issuing a preliminary protection order. Even if you do not have an emergency order, you can file for a preliminary protective order.
The court may issue a temporary injunction immediately, but a hearing will be held to give the alleged abusive spouse or partner an opportunity to present their case. A hearing will be held within a few weeks of the initial protection order.
At a preliminary injunction hearing, you have the opportunity to show evidence of abuse. A protection order can be issued if the court determines that you or your children are at risk of harm. In many cases, the order provides for temporary custody of the children and child and spousal support.
Effects of domestic violence on divorce
Courts consider credible allegations and evidence of domestic violence when making decisions about child custody and support. Parents with a documented history of domestic violence were less likely to get joint custody or spend the night with their children. In appropriate circumstances, the court may order supervised visitation with the child by a trained social worker or other professional.
Courts almost always insist that parents retain decision-making power over their children. However, Virginia statute section 20-124.3 allows the court to award you sole physical custody and decision-making rights if your co-parent has committed violence, abuse, or threats against you or your children. If necessary, the child may be transferred to a police station or similar place of visitor security.
Domestic violence does not remove custody from parents. It should be noted that co-parenting may not provide a safe environment for children. Courts often appoint a guardianship attorney (GAL) to meet with parents and children and recommend solutions that are in the best interests of the child. Family law attorneys in Virginia explain how to work with a GAL to achieve your guardianship goals.
Virginia Divorce Lawyers Help You Escape Abusive Relationships
When your partner or spouse is abusive at home, they hurt you and your children. We must do our best to leave as soon as possible.
Virginia divorce lawyers can provide you with the right advice and assistance when you need it. Call today and speak with one of our friendly attorneys.
