Domestic violence in a marriage has a significant impact on the relationship, the spouses individually, and the children. When the abused spouse, or in some cases, the parent of the abused child, decides it is time for a divorce, it can be incredibly difficult. The first step is finding safety. For resources in Arizona, click here.
The next step will be working with an attorney who will be on your side to make sure your rights are maintained during this very difficult transition. Having the support of an attorney will help protect you and your children legally so you can make a successful transition into a safer and more stable environment.
What Is Considered Domestic Violence?
Some people don’t recognize what constitutes domestic violence, and when going through a divorce with children, it is especially important to know and understand.
Domestic violence includes:
Physically and/or sexually abusive behaviors (to the spouse or child(ren))
Threats of physical or sexual abuse
Forcing a person to do something they don’t want to do through intimidation or threats
For examples or more information, see the National Domestic Violence Hotline website.
Domestic Violence and Divorce with Children
When domestic violence is involved in the household of divorcing parents, Arizona courts will act in the best interest of the children.
Arizona courts favor dual-parenting, meaning neither mom nor dad is given a higher priority. In healthy relationships, it is important for children to have access and time with both parents. However, in a domestic violence situation, it may be dangerous for a parent to have access to a child(ren), so it is important to share any information about the safety of your children with your lawyer, as well as the courts.
Your lawyer can help you obtain a restraining order (protective court order) if needed, and will work to make sure your rights are upheld for the safety of you and your children.
If you are in a domestic violence situation and are ready to file for a divorce, Simon Law Group is here to help you. Serving families in a variety of family law matters including divorce, child custody, restraining orders and more for over 20 years, Simon Law Group in Phoenix, Arizona can help. We will you’re your back to make sure your rights are protected through your divorce so you can have a successful outcome. Contact us today for your free consultation, and remember, Experience Matters!]]>