Domestic Violence and Divorce

The fact or even mere accusation of domestic violence can have a significant impact on divorce proceedings. They can impact virtually every aspect of the case's outcome by granting grounds for a divorce in favor of one party or the other rather than a "no-fault" divorce. If you have been a victim of domestic violence during your marriage, the law offers you special remedies. If, on the other hand, you have been accused of domestic violence, you may need to take additional steps to protect your rights.

We provide this page for general information about your rights during a divorce where there are accusations of domestic violence, but it is impossible to give information specific to your case on the website. However, we do offer free initial consultations so you can get advice specific to your case. Please call 205-458-9805 or e-mail us today to talk to a lawyer about your situation.

Shane Oncale is an experienced Birmingham divorce attorney. Call The Oncale Firm at 205-458-9805 to arrange a free consultation.

Criminal and Civil Aspects of Domestic Violence

Domestic violence has two different aspects. It is a criminal matter, but it can also have significant impact on divorce proceedings. You may be arrested on the spot if police responding to a call believe you may have committed violence against your spouse or child. If you are found guilty of domestic abuse, you could be facing 20 years in prison for a single count. However, even if your sentence is as little as 48 hours in a county jail, the impact can last the rest of your life.

An abused spouse automatically has grounds to file an at-fault divorce, which gives a judge the ability to order the abuser to pay additional compensation to the abused. The abuser's status in child custody hearings is significantly impacted. Once a person has been found guilty of abuse, stalking, assault, harassment, their right to child custody can be curbed. Even suspicion of attempted or threatened domestic violence can lead to the loss of some custody rights. The assumption is that if you have committed domestic or family abuse, you will not be a good parent to your child, and your chances of having sole custody or even joint custody are significantly reduced.

A Lawyer Can Protect You and Your Rights

Once accusations of domestic violence are involved, divorce proceedings become even more complicated. Whether you have been accused or are the victim of domestic abuse, a lawyer is crucial to ensuring that your story is told in a way the court understands.

If you have been accused of domestic violence, your spouse can use that accusation as grounds for taking away parental or paternity rights including joint custody. They may even take up and leave with the children without your consent. Your spouse may use this accusation as an excuse to avoid working with you during the divorce proceedings.

On the other hand, if your spouse is an abuser and you have legitimate grounds to fear, you need a lawyer who can communicate that successfully to ensure that the abusive spouse does not endanger you or your children.

If you are involved in a divorce where there has been alleged or actual domestic abuse, The Oncale Firm can help. Please call 205-458-9805 or e-mail us today for a free initial consultation on the law pertinent to your case .

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