Domestic violence, whether physical abuse or another form of harm, can lead to divorce proceedings. Those seeking to escape an abusive spouse need to understand their rights. Please continue reading to learn how domestic violence can impact your divorce and why connecting with our compassionate Bristol County Divorce Issue Lawyers is in your best interest during these difficult times.
Should I File a Restraining Order Against an Abusive Spouse?
If you have ever feared for your safety, you have the right to file for a restraining or protection order. A restraining order, as its name suggests, is designed to protect individuals experiencing domestic violence from their abuser by prohibiting contact and keeping a certain distance from the person experiencing domestic violence. The order may even force the alleged abuser to vacate the shared residence.
Depending on the unique circumstances of a case, an individual may receive a temporary restraining order (TRO) also known as an emergency protection order from the court remains in effect until a court hearing can be scheduled for a judge to speak to both of the parties. This temporarily will prevent the abuser from making contact or engaging in harmful behaviors towards you. A final restraining order (FRO) remains in effect permanently unless a judge grants a victim’s request to vacate the order.
How Does Domestic Violence Impact a Massachusetts Divorce?
Like many states, Massachusetts allows for both fault and no-fault divorces. This means in cases involving domestic violence, a spouse may cite “extreme cruelty” as the grounds for the divorce. If any court order related to domestic violence is granted, child custody and spousal support will likely be affected.
In some cases, a parent’s child custody rights may be limited by a finding that domestic violence has occurred, even if the abuse was not perpetrated on or near the child. However, judges will not deny a parent visitation outright unless the domestic violence was directed at the child. This means a parent who is concerned for their child’s safety can ask the court to account for those concerns by including protections in the visitation plan such as imposing supervised visitation.
Domestic violence can also impact alimony orders. Massachusetts courts may consider how domestic violence has affected the abused spouse’s ability to be self-supporting. Essentially, in cases in which the abused spouse would otherwise be ordered to provide spousal support to their abuser, the judge may excuse the abused from providing financial support.
If you are in an abusive marriage, it’s important to understand that you have options. You have the right to live free from fear and abuse. To reclaim your life and build a safer future, please don’t hesitate to contact an experienced attorney from the Law Offices of Cynthia L. Hanley, P.C. We are prepared to protect your rights and interests. Connect with our firm today to learn how we can fight for you.
