Domestic abuse is a devastating experience for everyone who has experienced it. No one should have to go through such emotional and physical anguish. Domestic violence should be dealt with in criminal court, but it may also have an impact on the result of a divorce.
First and foremost, there is a legal distinction between violence and abuse. Violence is defined as the intentional, physical injury of another person. In the criminal court system, this is often classified as “assault” and/or “battery.” domestic violence occurs when someone in your family or home punches, kicks, or uses an item to injure you.
Legally, the term “abuse” is a little murkier. There are limited allusions to “abuse” in criminal courts. Stalking, threatening, yelling, shutting off someone’s communication with others, imprisoning someone in their house, and other forms of abusive conduct are all examples of abusive behavior. There are no blanket laws against abuse. These habits are often dealt with on an individual basis. For example, there are rules against stalking, imprisonment, and the like. Fortunately, when it comes to divorce, both violence and abuse are treated equally.
When a court determines that a spouse was the victim of violence or abuse, the abuser faces a number of serious punishments.
This implies that after a divorce, judges distribute property based on what they deem fair, rather than an equal, 50/50 split. When distributing property, most courts consider income, quality of life, level of living, and other comparable variables.
However, in a marriage where one partner was mistreated, courts may take such abuse into account when dividing property. A court may give additional money to an abuse victim, similar to how a personal injury lawsuit may pay someone for “pain and suffering.” when determining what most equitable, courts is may conclude that an abuse victim deserves more than simply basic requirements addressed.
In support judgments, the same approach applies. As a victim of abuse, you may be entitled to more spousal support in a divorce settlement. Similarly, if the children were victims or witnesses to abuse, they may be entitled to a higher sum of child support.
Custody of a child
When it comes to children, courts are required to make judgments in the child’s “best interest.” you will most likely be given custody if you can demonstrate to a court that the kid was raised in an abusive and hazardous setting.
It is vital to note, however, that judges might take into account a variety of other variables. A court, for example, may see your husband as no danger to the children if the children were never personally exposed to the abuse. In such instances, your husband may have more access to the children than an abuser.
Orders of protection are also known as “restraining orders” in certain jurisdictions, and “protective orders” in others. They are court orders requiring someone to keep away from you. They may also impose constraints on someone’s conduct.
Contact us right away if you need a divorce advocate in Delhi. We may be able to assist you in obtaining an order of protection and proceeding with your divorce in a safe manner.