A variety of factors can, and often do, affect a divorce. One of these factors is domestic violence, which can affect the outcome of certain elements within a divorce.
What Is Domestic Violence?
Domestic violence is defined as the following: abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.
Some examples of domestic violence are as follows:
- A husband punching his wife.
- A man stabbing the woman whom he shared a child with.
- A woman throwing a glass bottle at her boyfriend.
Every single one of the above is considered domestic violence and, as such, is considered a crime within the state of Florida. Even if the individual who commits domestic violence is not convicted of their crime, their actions can affect their divorce.
Does Domestic Violence Affect A Divorce?
The simple answer to this question is “Yes.” But, the reality is both far more complicated and far simpler than one might assume.
On its own, domestic violence can, and will, affect child custody considerations.
A particular individual who has been found to have a history of domestic violence will have a much more difficult time obtaining child custody.
Outside of child custody, a history of domestic violence will allow the victim to ask for financial compensation, press criminal charges, or request a restraining order.
Each one of the possibilities outlined above is detached from divorce proceedings and, as such, will not directly affect issues that pertain to the marriage.
What If There Is No Domestic Violence Conviction?
A history of domestic violence is rooted in a conviction for domestic violence. But, if a particular individual has not been convicted of domestic violence, then there is no history of domestic violence that can be used to affect child custody proceedings.
Even though this is the case, an individual can still present evidence of domestic abuse. To go along with this, an individual can also present evidence of child abuse.
The act of presenting evidence of domestic abuse and/or child abuse will affect child custody proceedings. But, the exact child custody arrangement that arises, due to this evidence, is dependent on what the judge believes is most appropriate.
Some judges may believe that, even if domestic violence or child abuse took place, the children in question should still see the perpetrator of this abuse. For this reason, that individual will be granted visitation rights, in one form or another.
Other judges may believe that the domestic violence or child abuse is too severe to allow the perpetrator of said abuse to visit their children.
The exact consequences that will occur are dependent on the severity of the abuse that took place and the judge’s determination.
Speak With A Tampa Divorce Lawyer
Domestic violence can, and will, affect child custody. Speak with a Tampa divorce lawyer and we will assist you in obtaining the best possible legal outcome.
Sources:
httplaw.cornell.edu/wex/domestic_violence
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
law.cornell.edu/wex/visitation_right