How Does Domestic Violence Affect My Divorce Case

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Hi, my name is Charles Ullman and a question that I ask frequently is how can domestic violence impact my case? Domestic violence can impact your case in several ways. First, the court can consider acts of domestic violence in your custody case. Most people understand that if you've committed a violent act that will impact how a parent is perceived in court.

Additionally, the site of domestic violence could impact your spousal support if the supporting spouse commits an act of domestic violence that can be used as a factor to determine the appropriateness of the award of alimony. Another impact of domestic violence is that anything that involves the safety of your spouse or your children will receive priority in the hearing of that case.

Another way that the case is impacted by domestic violence is the timing. Domestic violence cases are usually expedited. By that I mean that the judge will give priority to hearing anything that involves the safety issue for your spouse as well as the children. Upon hearing, a judge will make a determination about entering an order.

The order would be an order of protection for the person that was harmed, as well as the children of the marriage. A domestic violence protective order can be entered that would limit your access to the home. Limit your ability to be around your spouse, as well as limit your ability to be around the children.

If your case is scheduled for mediation and there's a history of domestic violence. You and your attorney can take steps to make sure that you're safe at the mediation or attend remotely if your case is scheduled for a property mediation. We can ask that you attend remotely if you have questions about domestic violence and how that could impact your case.

Please give us a call or contact us online. We look forward to speaking with you.