Domestic Violence
Facing domestic violence? Davis & Associates provides expert legal protection. Learn about restraining orders, custody rights, and how to secure your future.
Domestic Violence Overview
- Understanding Domestic Violence Laws and Definitions
- Forms of Domestic Violence
- How to Obtain an Emergency Protective Order
- Find the Help You Need Near You
- The Impact of Abuse on Child Custody Cases
- Practice Areas
- Frequently Asked Questions About Domestic Violence
- Evidence Needed to Support Your Domestic Violence Claim
- Meet Our Attorneys
- What to Do If You Are Wrongly Accused of Domestic Violence
- How a Family Law Attorney Protects Your Rights
- Expert Strategies, Industry Trends, & Firm News
The most common reason that couples file for divorce is because of irreconcilable differences. That means that despite their best efforts, the couple can’t overcome the problems that have arisen since the marriage. Whether it’s a lack of communication or simply falling out of love, divorce becomes the best option for a fresh start.
However, there is another reason why couples get divorced that is far more traumatic. That is when domestic violence occurs.
The harsh reality is that, according to data, one in 4 women will experience domestic violence during their lifetime. It’s also the leading cause of injury, which is more than car accidents, muggings, and rape combined.
When domestic violence occurs in a marriage, it often goes unreported. It is also a situation that can endanger any children living in the home. This is not sustainable.
If you’ve been the victim of any type of physical or emotional abuse in your marriage or in your post-divorce agreements, you must speak to a qualified family law attorney to understand all your options. You’ll find the support you need at Davis & Associates.
We provide confidential and discreet guidance to help our clients make informed choices about how to move on from a history of domestic violence. It is important that you understand the available options you have for justice and relief. The following guide can help provide you with that information.
Understanding Domestic Violence Laws and Definitions
The U.S. Department of Justice provides a clear and definitive definition of domestic violence that prosecutors across the country use. That definition is as follows:
Domestic violence is a pattern of abusive behavior in any relationship that one partner uses to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Forms of Domestic Violence
When a claim of domestic violence is made against someone, investigators must understand the nature of the abuse. It will fall into one of the following categories:
- Physical Abuse
- Sexual Abuse
- Emotional Abuse
- Economic Abuse
- Psychological Abuse
- Technological Abuse
Although the physical abuse might be the most disturbing of the categories, domestic violence does not always involve hitting, slapping, or punching. Suffering from any one of those categories is enough to seek protection and grounds for divorce.
How to Obtain an Emergency Protective Order
Filing for divorce because of domestic violence is a viable path towards a new life free from abuse. However, that is a process that is not instantaneous. When there is a direct safety concern in the home, the courts can issue an emergency protective order. That will temporarily prevent one party from taking action against the opposing party.
An emergency protective order is often granted on an expedited basis. That means that you and your attorney will file the motion with the court without giving notice to your partner.
In general terms, an emergency protective order will put the following restrictions in place against the abuser:
- They must stop abusing you and/or your minor children.
- They can’t enter your child’s school, your business, or place of employment or that of any family or other household members for the purpose of violating the protective order.
- They must stop all contact, including telephoning, texting, or any other communication that would be harassing or verbally abusive to you.
Once the order is granted, the other party will be notified, and compliance is mandatory.
If they violate the order, they may be arrested.
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The Impact of Abuse on Child Custody Cases
If it can be established that any type of abuse has occurred in the marriage, it can have a profound impact on the outcome of a child custody case. In most instances, the non-abusive parent will be granted sole custody with the possibility of supervised visitations. In extreme cases, the court can also block any visitation if the child’s safety is at risk.
This is referred to as a Rebuttable Presumption. It is a legal assumption that the court accepts as true. Currently, 28 states apply the Rebuttable Presumption theory in divorce cases, including Texas, Wisconsin, Oklahoma, Nevada, Missouri, and Florida. When domestic violence is established, the courts will grant sole legal and physical custody to the non-abusive parent. They will also impose the following visitation restrictions:
- Supervised visits at neutral locations.
- No overnight visits.
- No visitation at all in severe cases.
The abusive parent can also be ordered by the court to complete anger management, substance abuse treatment, or batterer intervention programs. Those programs are outside of any criminal sanctions that could be levied against the abuser.
A protective order is specifically designed for victims of violence or sexual assault and is criminally enforceable, meaning the police can arrest the violator immediately. A restraining order is typically a civil order used in divorce cases to govern behavior and property, but it may not carry the same immediate criminal penalties for violations. Consulting an attorney is the best way to determine which document provides the security you need.
Yes, you can often obtain a ‘temporary ex parte order’ without the abuser being present if you can show there is a clear and present danger of family violence. This order provides immediate protection until a full hearing can be held where both parties are present. It is a critical tool for ensuring safety during the initial stages of a legal separation or domestic violence case.
In many jurisdictions, domestic violence can influence the equitable distribution of property or the awarding of alimony, especially if the abuse led to a waste of marital assets or impacted the victim’s ability to be self-sufficient. Courts may award a larger share of the estate to the survivor to ensure their future stability. A family law attorney can help you advocate for a fair settlement based on these circumstances.
Evidence Needed to Support Your Domestic Violence Claim
A single instance of domestic violence can be disturbing. Multiple instances are even more traumatic. However, the courts can’t accept your version as part of a “he said/she said” type of scenario. You need compelling evidence to support your claim. That evidence can be the following:
Physical and Forensic Evidence
The physical and forensic evidence can include photos of your injuries, damaged property, or the crime scene (if applicable). You should also gather copies of all your medical records, including emergency room visits and therapy notes. Forensic evidence can include the rape kit results, such as DNA, blood, hair, or other forensic traces.
Digital Evidence
The digital evidence will include text messages, emails, voicemails, social media posts, call logs, and any other examples of communication that support your claim.
Documentation
Additional documentation can include any personal journals you kept detailing the incidents, including the dates, what happened, and how it impacted your life. You can also include police reports and 911 call recordings.
Testimony
Your evidence can include your personal statements, witness statements from your family, friends, teachers, or professionals who observed abuse or its effects. You can also include expert testimony from medical or psychological professionals who have reviewed your case.
What to Do If You Are Wrongly Accused of Domestic Violence
What happens if you’re on the receiving end of a domestic violence accusation but you’re innocent? Unfortunately, in many contentious divorce cases, accusations are used as revenge tactics to try to get the upper hand.
Because these accusations are made in court, they become a matter of the public record. That can have a direct impact on your professional reputation.
If you have been wrongly accused, you feel hurt and angry, but you shouldn’t react emotionally. That means avoiding contact with the accuser and complying with any existing protective order. You also need to consult a qualified attorney immediately.
In addition to the support we provide for the victims of domestic violence, Davis & Associates also provides strong, discreet representation for individuals facing false claims of domestic violence. Our legal team understands how family violence laws operate and how protective order vs restraining order proceedings can impact divorce, property division, and custody outcomes.
We work to protect your parental rights, your reputation, and your future by building a clear, evidence-based defense while ensuring full compliance with court procedures. Whether you need immediate court representation or strategic guidance in a contested custody matter, our firm is prepared to advocate for you with professionalism and precision.
How a Family Law Attorney Protects Your Rights
When you are the victim of any domestic violence, you should embrace all the legal protections at your disposal. It can be overwhelming at first, but that is why you need to get the right support on your side. That can be found at Davis & Associates.
We’re a dedicated team of legal advocates who help our clients build a thorough case that is supported by documentation, digital evidence, witness testimony, and applicable family violence laws. Navigating the family court system can be intimidating without the right legal representation. Our goal is to provide support at every step to help secure protective orders for you and your children. Once those are in place, we can proceed with the divorce filing.
That’s when we can help draft a plan that addresses all permanent custody and support issues.
Working with Davis & Associates gives you access to compassionate domestic abuse legal help. Our team provides confidential guidance and decisive action to help you move forward with strength, clarity, and security. If you’re searching for a “domestic violence lawyer near me,” and it’s brought you to our firm, you’re in the right hands.
Call to set up a consultation today and know that you do not have to face this process alone.
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