#1 Best Help Guide: Divorcing an Abusive Spouse

Abusive spouses are usually very controlling, and they use their power to frighten you into staying. However, family courts are there to help. They take abuse seriously, and they will make sure that your rights are protected. Let’s dive into our guide: Divorcing an abusive spouse.

Getting a Restraining Order When You Are Divorcing an Abusive Spouse

Although it can be frightening to start the process of divorcing an abusive spouse, there are protections available for you. If you are in danger and have had an incident of domestic violence, your lawyer can file for a restraining order. You can get a temporary or a permanent restraining order to protect yourself and your children if you are in danger.

People often want to know what constitutes abuse. In broad terms, abuse is defined as “intentionally or recklessly causing or attempting to cause” any of the following:

• Sexual assault
• Bodily injury
• Placing someone in imminent danger
• Stalking, harassing, and more

If you are in an abusive relationship, a lawyer can help to make sure that you get the protection you need when you are going through your divorce.

Getting the Courage to Get the Protection You Need

If you are afraid to get the protection you need from an abusive spouse, there are resources available for you. You can call a domestic abuse hotline for support. Another option is to find a therapist. There are professionals who are trained to help you learn how to stand up for yourself and heal.

There are different types of abuse. In one type, you may have experienced an incident that was frightening, but it could be an isolated incident. In another type, you could have experienced years of emotional and financial abuse. Abuse is confusing because it isn’t always obvious.

When abuse is emotional or financial, people often downplay it because they don’t think that it is serious enough to make it stop. Often they stay with the spouse for the sake of the children or for financial security. It is difficult to prove this type of abuse, and most people don’t have evidence. However, an attorney or a therapist can help make the proper preparations.

What Evidence Do You Need to Divorce an Abusive Spouse?

If you have experienced abuse for a number of years, you might already have some evidence. Courts look for the following types of evidence:

• Photographic: this can include injuries or items that have been destroyed.
• Documents: this can include texts, email, or letters.
• Eyewitness testimony from people who have witnessed the abuse.

If the abuse has been ongoing for a number of years, you may have some evidence. You may have police reports, witnesses, documentation, or other types of evidence. If you don’t have any evidence, you may be worried that you don’t have a chance. However, this is not the case. People who are abusive rarely stop, and they do not take steps to protect themselves.

Abuse and Parental Privileges

When one spouse alleges abuse, the judge will consider this in determining the parental responsibility. The judge will use this information in determining child custody and visitation issues. The abusive spouse may only get supervised visits with the children. The abusive parent will have to earn back the right to parent the child by proving that they have changed.

This is why evidence is so important in cases of abuse. When you have evidence and can show a clear pattern of abuse to the judge, it makes it a lot easier for the judge to make the decision to protect you and your children.

Divorcing When There Is a Pattern of Abuse

There are different types of abuse, and although some are easier to prove, all are equally debilitating. First, there is domestic violence with a long history of physically harming you and your children. You will usually get a restraining order right away in this type of abuse, especially if there are recent incidents.

Another type of abuse is emotional or financial. This is harder to prove, and you may have more difficulty getting a restraining order. In these cases, you may be able to get a court order limiting the direct communication with the abusive spouse. The most important thing is to take the steps you need to take to protect yourself, start healing, and move forward with your life.

Final Words

Divorcing an abusive spouse can be frightening, but you can get the help that you need. The important thing is to take the initial step of looking for help. You can call a hotline or meet with a therapist to start your healing. If you are in danger, you can go to a lawyer and get a restraining order to protect you.

You may not have evidence, but you can still take steps to protect yourself and your children. When someone has a pattern of abuse, they will usually continue. If you are in an abusive situation, you can request legal advice from an experienced attorney.