How Proving Domestic Violence Can Protect You in a Divorce

Domestic violence in a marriage is a horrific experience. If you’re suffering from this indignity, remove yourself from the situation as quickly as possible. Find a safe, secure place, and stay there.

If you are still in immediate danger, call the authorities about acquiring an emergency restraining order. The system can issue these orders quickly, even on nights and weekends. Your abuser won’t have the opportunity to defend themselves, and you can receive quick, urgent protection.

Next, you must immediately begin the divorce process. Don’t concern yourself with your spouse’s feelings or with salvaging the relationship. Get out now, and start the next chapter in your life, one without fear and threats.

You can make many claims during a divorce, domestic violence among them. Your accusation becomes part of the divorce trial, and it affects the court’s decisions. Doing so can protect you in many ways. If you’ve been the victim of domestic violence, don’t be afraid to speak out during your divorce proceedings. Here are some ways that formally making this claim can serve you later.

Protecting Your Assets

Most states operate under an “equitable” property division model, where the court uses fairness as its standard. Nevada is among the smaller number of states that uses the “community property” model.

Under community property, the court attempts to give each spouse an equal, 50% split of the marital assets. Evidence of domestic violence can change this. If you can prove abuse within the marriage, you may be able to receive more than the standard 50% of the marital property. This can provide you with a bigger financial cushion after the divorce, helping keep you comfortable as you rebuild your life.

Receiving Greater Support

Spousal support is determined by several factors, including claims of domestic violence. Once you convince the court of your harm, it may order your spouse to pay a greater amount of support. This will help keep your finances secure post-divorce.

Protecting Your Children

If your children also suffered from abuse, either directly or indirectly, this can affect a child custody order. Your abusive spouse can lose all custody and visitation, or they could be allowed only supervised visits.

If the court believes your spouse is truly remorseful, it probably won’t simply allow them custody. It can order rehabilitative programs and closely monitor their progress. Courts always want what’s best for children, and they won’t allow normal custody until they are sure that your children are safe around your spouse.

Extended Legal Protections

Restraining orders can be a part of the court’s final decision. Along with its rulings on support, custody, and property, it can issue an extended order of protection. These last at least two years, and they can be renewed as long as the danger remains.

These orders can protect both you and the children, keeping your abuser at a safe distance. If they continue to harass you, the order makes it easier to charge them with a crime. You can accuse them of simply breaking the order rather than of the specific crime they commit.

If you are being victimized in your marriage, speak with our dedicated, compassionate team today. We can help with restraining orders right away, and we can start working with you on your divorce. Call (702) 904-9898 today for a free consultation, or contact us online.

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