Have you ever considered the emotional and legal toll domestic violence takes on divorce proceedings? In the United States, one in six women and one in fourteen men experience severe intimate partner violence. These cases not only harm victims physically and emotionally but also create complex challenges in family court, especially in Texas, where divorce cases involving domestic violence often lead to custody and asset allocation disputes.
At Daniel Ogbeide Law in Houston, we work to ensure the safety and legal protection of domestic violence survivors during divorce. As a family law firm with experienced domestic violence attorneys, we’re dedicated to upholding the rights of victims and advocating for a just outcome.
This blog will outline the key ways domestic violence impacts divorce proceedings, from custody battles to the division of assets, and explain the role of family law professionals in helping clients find safety and security.
Domestic Violence and Divorce: A Difficult Combination
When domestic violence is a factor, divorce becomes more than the end of a marriage; it becomes a pathway to safety and freedom for the victim. Domestic violence impacts divorce proceedings in a few key areas:
- Restraining Orders and Immediate Safety: Courts often issue protective orders or restraining orders, which legally bar the abuser from contacting the victim. This is an essential first step in safeguarding victims and any children involved. Restraining orders can also restrict an abuser’s access to family homes or shared spaces, creating a safer environment while the divorce is pending.
- Custody Considerations: Domestic violence directly affects child custody arrangements. Courts prioritize the safety and welfare of children, and when a parent is found to be abusive, they may lose or face severe restrictions on their custody or visitation rights. In Texas, the “best interests of the child” principle guides custody decisions, which means that evidence of domestic violence can heavily influence the court’s judgment, often resulting in supervised or restricted visits.
- Division of Assets: Texas is a community property state, which means marital assets are divided equally between spouses. However, if one party has been abusive, the court may consider this behavior when dividing assets, aiming to offer the victim greater financial stability as they rebuild. This can include assigning the family home or other crucial assets to the survivor of abuse, reducing the victim’s financial vulnerability.
How Family Law Professionals Can Help
Facing domestic violence during a divorce requires more than just legal representation; it demands a compassionate approach that prioritizes the victim’s security. Family lawyers in Houston, TX, like those at Daniel Ogbeide Law, work with clients to file for restraining orders and gather evidence to strengthen custody and property claims. With skilled legal counsel, victims can navigate these proceedings with greater confidence, knowing they have a dedicated advocate.
Seeking Support in Difficult Times
Have you or someone you know experienced domestic violence and are now considering divorce? A qualified domestic violence lawyer in Houston, TX, can make a world of difference by guiding you through each step and ensuring that your rights are protected. At Daniel Ogbeide Law, we understand the complexities of these cases and bring extensive experience to help you secure a safe and fair outcome.
Reach out today at 832-321-7005 to consult with a dedicated domestic violence attorney in Houston, TX, and let us help you take the first steps toward safety and healing.