A divorce is a complex legal action. In a typical divorce, issues such as custody, parenting time, and child support need to be addressed. Many factors can affect the outcome of a divorce, not least of which is domestic violence.
As a family lawyer in Short Hills can explain, if you are involved in a divorce where domestic violence is an issue, you are probably wondering how it will affect the outcome. Domestic violence is a particularly concerning issue in divorces when custody is contested. Domestic abuse can, in egregious cases, affect the division of property or alimony. But where household abuse will have the most influence is in matters involving the child: custody, parenting time, and thus child support.
These issues involving children can be affected by household violence because, at times, it is not in the child’s best interests to live with a parent who committed abuse. This can affect who gets custody and when and where the abusive parent can have parenting time. Our Short Hills domestic violence lawyers could help you through the various legal challenges that may occur when household abuse is involved in a case.
How domestic violence will affect a divorce depends on the severity of the incidents, who the victim was, and whether the child is safe when with the abusive parent. If the victim was the child’s parent, it is likely that custody will be affected. The abusive parent may not get physical custody but may be given appropriate parenting time, though it may be supervised at first. Upon the Court determining that a Final Restraining Order is to be issued to the victim, the perpetrator must have a Risk Assessment to determine in access to children is appropriate. And, if the abusive parent cannot come into contact with the other parent because of a household violence restraining order, the visits may have to take place at a visitation facility, or transfers between parents may occur at a police station. The judge can order these kinds of stipulations to make sure the abused parent is safe but the abusive parent can still exercise his or her parenting time rights. Our Short Hills attorneys could determine how domestic violence may impact a particular divorce case.
In domestic violence situations, the abused parent can seek protection in a domestic violence restraining order. This order will restrain the abuser from physical contact, but it can also give the abused parent temporary physical custody and order the abuser to pay child support. It may also grant the abusive parent appropriate parenting time. Final orders do not expire, but they do not constitute final orders for custody, parenting time, or child support can be issued. Further legal action is often necessary to finalize those arrangements.
Do you have questions about domestic violence? The Short Hills domestic violence lawyers at the Williams Law Group, LLC know how household abuse can affect a divorce and will work hard to ensure you are treated fairly and your rights are not violated during the process. Contact us today to schedule your consultation.