If you are facing domestic violence charges during your divorce, it can lead to significant consequences. The accusation of domestic violence does more than raise questions about well-being and safety. They can impact several parts of your divorce, including property division, financial support, and child custody.
For those going through a divorce and in this situation, it is important to understand how the criminal charges may impact the outcome of their case. Understanding this is essential to navigate the challenges and protect the person’s rights and interests.
At Brodsky Renehan Pearlstein & Bouquet, our experienced Maryland family law attorney can help you through this complex process.
The Intersection of Domestic Violence and Divorce Proceedings
Divorce in Maryland is already challenging and involves numerous legal, financial, and emotional considerations. When domestic violence charges enter the picture, the complexity increases exponentially.
Domestic violence is a serious issue that Maryland courts do not take lightly, especially when determining the outcomes of divorce-related matters such as custody, alimony, and asset distribution.
Custody and Visitation Rights
One of the most significant impacts of domestic violence charges on divorce in Maryland is how it affects custody and visitation rights. The safety and well-being of the children are paramount in the eyes of the court.
Maryland family law courts will closely examine any evidence of domestic violence when making custody determinations. If one parent has been charged with or convicted of domestic violence, it could lead to limited visitation rights or supervised visits, depending on the severity of the allegations and whether the children have been subjected to the violence (as a victim of the violence and/or witnessing it).
In some cases, the court may deem it necessary to restrict or entirely deny custody to ensure the children’s safety. Talking to a child custody attorney in Maryland can help you further understand the impact of domestic violence on these decisions.
Alimony and Financial Support
Domestic violence charges may also influence decisions related to alimony and financial support. The courts may consider the impact of the abuse on the victim’s ability to work or maintain a certain standard of living when determining alimony awards.
For instance, a victim of domestic violence may be awarded a higher alimony payment if the abuse has resulted in psychological trauma or physical injury that hinders his/her employment prospects.
Division of Marital Property
The division of marital property is another area where domestic violence charges may play a crucial role. While Maryland generally follows the principle of equitable distribution, domestic violence may lead the court to make adjustments favoring the victim.
This might involve granting the victim a larger share of the marital assets or making specific arrangements regarding the family home, especially if it is a haven for the victim and children.
Of course, domestic violence and its impact will be considered along with numerous other factors the court is required to consider.
Protective Orders and Their Impact
In cases involving domestic violence, protective orders (which many people commonly refer to restraining orders) are common. These orders may have immediate and long-lasting effects on the divorce process.
For example, a protective order may temporarily grant the victim exclusive use of the marital home or establish temporary custody arrangements. The existence of a protective order may also influence the court’s perceptions and decisions throughout the divorce proceedings.
The Importance of Legal Guidance
Given the complexity and sensitivity of divorce cases involving domestic violence, the role of a Maryland family law attorney cannot be overstated. A knowledgeable attorney can provide invaluable support and guidance, helping you navigate the legal system, represent your interests effectively, and work toward a resolution that prioritizes your safety and well-being.
They can also assist in gathering and presenting evidence of domestic violence, advocating for fair custody arrangements, and ensuring that financial settlements reflect the impact of the abuse.
Seek Help With Your Divorce in Maryland
Domestic violence charges introduce a layer of complexity to divorce proceedings in Maryland that demands careful, compassionate handling. The implications for custody, alimony, and property division are profound, with the potential to shape the future of both parties and any children involved.
Individuals in this situation need to seek the assistance of a seasoned Maryland family law attorney, who can guide them through the legal intricacies and advocate for their best interests.
As difficult as these cases may be, the right legal support can make a significant difference in achieving a resolution that safeguards the well-being of all involved.
