Divorcing due to domestic violence is a nerve-racking process. Abuse frequently escalates when the abuser fears abandonment or is at risk of others learning about their misconduct. Those hoping to end an unhealthy marriage usually require support as they prepare for divorce. They may need to take special steps when compared with those divorcing for less dangerous reasons.
How can people hoping to leave a marriage plagued by domestic violence protect themselves?
With documentation
Spouses who want a clean break and parents who worry about domestic violence affecting their children may need to prove why they chose to file for divorce. They may need to document their injuries or take pictures of damage to the marital home caused by violent outbursts.
Police reports and medical records, as well as testimony from witnesses, can help show that there has been a history of violent and dangerous behavior. Such evidence can be beneficial if one spouse hopes to protect their privacy during the divorce or limit their spouse’s access to their children for their safety.
With a restraining order
Technically, a restraining order doesn’t prevent misconduct. However, it can create consequences in cases where people violate the restraining order.
The documentation of domestic abuse can help convince a judge that a restraining order is necessary. If a spouse violates the order by sending threatening messages or showing up at the other spouse’s place of employment, reporting the violation can lead to an arrest and other consequences for the abusive spouse.
Those hoping to leave an abusive spouse may need legal guidance throughout that process. Safely consulting with an attorney can help people understand their rights and take appropriate steps, such as seeking a restraining order, to protect themselves and any children in their care.