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Domestic Violence and Divorce

Posted by on Apr 8, 2017

Partners may want to get divorced because of many reasons, like when they have fallen out of love or have started to have different priorities in life. In these cases, the divorce process may be a little easier compared to complicated reasons, such as domestic violence.

Domestic abuse and violence are the incidental use of force or any kind of intimidation to a spouse, child, or anybody in the household. The abuse and violence can manifest in many forms. It can be physical, such as punching, kicking, and slapping. It can be sexual, such as forcing the spouse to have sex. It can be psychological, such as humiliating the spouse in public or forcing him or her into isolation. It can even be financial, where a spouse is being prohibited to exploit educational and employment opportunities.

According to the website of the Law Offices of Baden V. Mansfield, domestic violence plays a role in many restraining orders, divorces, and child custody disputes.

When you think about it, this is understandable. Restraining orders are a good way to protect victims from their abusive partners. These domestic abusers may be completely prevented from getting near the victims, establishing a communication with them, or even accessing a firearm.

Child custody is also favorable towards the victims, especially if there is enough reason to believe that the children will experience abusive behavior from the spouse. In fact, if the case is serious enough, the abuser may even lose visitation and parental rights.

Aside from filing for a divorce, the victim can also file for criminal charges related to the domestic abuse and violence he or she has experienced, such as assault and battery, rape, and child abuse, and this can further make the divorce, child custody, and restraining orders to be effectively accomplished and implemented against the abuser.

Even though these legal matters encompass two different bodies of law, namely family law and criminal law, there can always be an effective compromise to protect the abused and punish the abuser. But according to the website, domestic violence charges can be legally defended, so it is easy to expect abusers to get legal representation as well. This may seem unfair for domestic violence victims, but it is a healthy way to prove that the law hears the voices of both the abused and abuser.


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