Domestic violence and child abuse if it has been documented and evidenced formally in some way such as legal prosecution will very likely result in the offending parent being denied any form of child custody and possibly even unfettered visitation rights with the injured child. The repercussions to a parent that has been formally adjudicated as having abused a child differ from State to State but that sort of problem will usually significantly impede that parent’s access to the abused child and may also adversely affect final marital property division orders and child support and alimony orders. This is why so many parents will make false allegations of child abuse thinking that they will gain an advantage in the divorce over that other parent and often they are successful in employing that kind of fraudulent scheme.
What Happens if Spouse is Found Abusive
Below are a few of the consequences of spousal or child abuse within a marriage:
- In twenty eight States a spouse that is found at fault in a complaint for fault divorce containing allegations of spousal abuse, child abuse, neglect, desertion, mental cruelty and adultery can as a result be barred from receiving spousal support or alimony or can be forced to accept a reduced amount of spousal support.
- A temporary or permanent restraining order may be allowed by the court barring the abusive spouse from entering the home or contacting the marital children or spouse except under controlled circumstances. Violation of a TRO is a criminal act and can result in jail time.
- Denial of any form of child custody of the marital children.
- Denial of visitation rights with the marital children except under highly regulated conditions
Spouses that abuse illegal substances such as drugs or alcohol can be treated by courts in some State in the same manner as those that physically or mentally abuse martial children or spouses in that State, mean no award of any type of child custody, visitation under controlled conditions and permanent restraints from entering the family home, and no spousal support in the final divorce judgment. Each State has different family court laws concerning child and spousal abuse so it is important to check your local State’s divorce laws and requirements for emergency restrain orders in domestic abuse situations.
Getting Legal Help
If you or a member of your family has been suffering from physical or mental abuse caused by a marital partner it may be helpful to contact a divorce lawyer to discuss the circumstances of the incidents of abuse and the best method of protecting the spouse and martial children against future instances of abuse in that State.
