Seeking Divorce After Domestic Violence

No one should have to deal with domestic violence on a daily, weekly, or monthly basis. This is why one of the grounds for divorce is a history of domestic violence or abuse to a member of the family. Domestic violence not only impacts divorce cases, but can also affect child custody, child support, and visitation rights. Knowing what your rights are in circumstances of domestic violence can help you protect yourself and your children from future abuse. Talk to an Oklahoma Family Lawyer to figure out what options you have in situations like these. 

Seeking an Order of Protection

Many cases of domestic violence can leave people feeling unsafe. A mother or father may also worry about the effects of domestic violence on the children. Domestic violence is not good for anyone and in certain cases, additional measures may need to be taken. Even for those seeking a divorce, it can be necessary for certain situations.

These orders of protection are more commonly known as restraining orders and are designed to protect people from those who have abused or harassed them in the past. Not everyone realizes the power a restraining order has. If the person you have a restraining order against continues to harass or abuse you, the police can arrest that person. In some states, a restraining order can grant you additional rights like full child custody and orders for your spouse to pay any legal fees. 

There are different types of restraining orders like no-contact restraining orders and temporary restraining orders, but you will likely seek the domestic violence restraining order if you have struggled with a history of domestic violence. The main difference between domestic violence restraining orders and other types of restraining orders is that domestic violence orders can last several years. 

How Domestic Violence Affects Divorce

Domestic violence can impact various stages of the divorce process. One of these stages, the mediation stage, can be significantly affected by a history of domestic violence. Some mediators will screen for domestic violence and may not let you and your spouse engage in a mediation program if the domestic violence has been severe enough. This is done to avoid unproductive mediation sessions and to protect the people affected by the abuse. 

When it comes to convincing the court to award you full custody of your children, evidence is key for your defense. A large factor the judge will look for is whether you are a better parent for the children. The judge will look for signs that you are capable of caring for all of the child’s needs like education and basic living needs. 

Divorce Attorney in Oklahoma

Dealing with the physical and emotional damages caused by domestic violence can be difficult to handle alone. Working with an experienced Oklahoma Divorce Lawyer can help you prepare the defense you need to seek divorce, full custody of your children, or a restraining order if you feel unsafe. All you have to do is contact the Putnam Law Office today at (405)-849-9149 for a consultation. Mr. Putnam is an Oklahoma City, OK attorney who is dedicated to his clients.