Domestic violence is a horrid action that is often tragically overlooked in today’s society. Many who are caught up in it aren’t sure where to begin.
What are your options? What does a divorce look like if domestic violence is involved? What happens to the kids? How do you prove it?
These are questions we regularly receive. Before we get into them, however, there’s something we need to stress…
Get Help Immediately
If you are currently in an abusive situation, get out now. Leave the house, take the kids, call 911. Do whatever you need to get to a safe place. From there, you can sort out your options.
You may even be able to get temporary custody of your children, as well as possession over necessary assets while your case is sorted out and decided upon.
Once you’re safe, you should start building a case.
A History of Violence
When someone reports abuse, it’s usually not after the first time. Rather, it’s something that has been happening over a period of time. As terrible as it can be to remember, it’s important to put together a timeline of abuse, what happened, whether the police were involved or a hospital was needed.
Make note of injuries, get pictures of damages. Track down medical reports. If 911 was called, then that call has been recorded.
The more evidence you have, the better your case will be.
Of course, abuse isn’t always physical. Verbal threats and psychological harm are harder to prove. Any notes or messages can be helpful. If you’re able to find an eyewitness, that can be beneficial as well.
Whatever You Do, Be Honest
Don’t exaggerate or fabricate to strengthen your testimony. If an accusation is proven to be false, it could cause damage to your case and your credibility. It’s better to tell the truth and believe that to be enough.
Try to be factual rather than emotional.
Without Proof, Full Custody Can Be Difficult
When abuse and children are involved in a divorce, custody is very important. Unfortunately, your word against their’s might not be enough to grant full custody.
Proof is critical in ensuring both you and your children are safe.
Civil Court vs. Criminal Charges
Abusive relationships and domestic violence can be complex due to the fact that often involve both civil and criminal courts. Divorce, separation, and custody take place in civil courts. If abuse, damage, or violation of court orders are proven, then criminal charges are brought into the fold as well.
If you are trying to get out of an abusive relationship, you need proper legal representation. For a divorce attorney in Springfield, Ohio, contact the offices of Michael T. Edwards today. We’ll make sure you stay safe.