Unfortunately, domestic violence is an all-too-common problem. If you are the victim of domestic abuse, you should get help right away. Call the police, file a report and contact a local shelter if you and your children need someplace to stay - try to get away from your abuser as quickly as possible.
Courts take charges of domestic violence very seriously, and if there is a history of abuse, it will impact a judge's decisions in a divorce, including custody decisions.
This article provides only a basic overview of how to prepare for a domestic violence hearing. If you're a party to a domestic violence case, you should contact an experienced family law attorney for help.
What happens at a domestic violence hearing?
At the hearing, a judge will decide whether there is enough evidence to support the grant of protective orders in favor of the victim. Protective orders prohibit the abuser from contacting the victim in any way and from coming within a certain distance to the victim – for at home, at work and anywhere else the victim frequents - for a certain period of time.
In addition, the judge may order that the custody of any children involved be granted exclusively to the victim, in order to help keep the children safe from abuse and/or from witnessing any further abuse. If the court finds that the abuser did in fact commit acts of domestic violence, the court may even order that the abuser have only limited supervised contact with the parties' children. In extreme cases, a judge may order that the abuser have absolutely no contact with the children.
If you are the petitioner in a domestic violence matter...
The victim in a domestic violence case is called the "petitioner," and the alleged abuser is called the "respondent." If you're the petitioner, you must be prepared to provide the court with a thorough and complete history of your relationship with the abuser, including evidence of alleged past abuse; this is relevant to establishing the need for protection.
Take photographs of any and all injuries; documentary and photographic evidence will add credibility to your presentation, particularly where the only other evidence is your own testimony. Make sure to see a doctor about your injuries, and produce those medical records for the court – judges will want to see that you have acted appropriately in response to the trauma. With respect to the actual incident giving rise to the domestic violence case, you must be prepared to give the court concrete details, such as the day, date, time and place of the incident. Having concrete details will add immeasurable credibility to your case and put the other side on the spot in terms of responding.
If you plan to seek emergency family maintenance (financial support) at your domestic violence hearing, you must testify as to your financial needs (such as rent, child care, food and insurance) and the financial resources (for example, income and liquid assets) available to both parties. Failure to put on this testimony will open the door for the other side to argue against any financial assistance. Make a list of all of your income and monthly expenses, and provide the court with all supporting documentation. Get paystubs and tax returns; if you cannot obtain a copy of the respondent's paystub, you can still put their income into evidence with a copy of the tax return.
If you are the respondent at a domestic violence hearing...
If you are charged with being the abuser, you are in a much weaker position initially because domestic violence court hearings typically take place within seven days from the petition, so you have little time to obtain an attorney. If you are served with a complaint for domestic violence, it is important to quickly seek a lawyer who specializes in this type of case and is familiar with local court practices.
Be completely honest with your lawyer. If you admit to the incident and want to improve your situation and prevent future incidents of domestic violence, you should immediately register for and begin anger management counseling.
If you completely deny that the incident of domestic violence occurred, you must defend your case at trial. You would be wise not to try and defend yourself in court. Instead, you should hire a family law attorney (or criminal attorney) with experience in domestic violence defense.
(See Defenses Against Domestic Violence Charges for more information.)
