Domestic Violence
A pattern of abusive behavior used by one partner to maintain power and control over the other. It encompasses physical, emotional, sexual, psychological, and financial abuse.
Understanding Domestic Violence
Domestic violence profoundly impacts every aspect of divorce proceedings. Victims may obtain protective orders, request emergency custody, and use abuse as fault grounds for divorce. Courts consider DV history when making custody and visitation decisions, often resulting in supervised visitation or no contact for the abuser. Many states have specific provisions fast-tracking divorce for DV victims and providing access to free legal services. The National Domestic Violence Hotline (1-800-799-7233) and local shelters provide immediate safety planning and support.
Real-World Examples
The wife obtains an emergency protective order after documenting a pattern of physical violence and files for divorce with the help of a legal aid attorney.
Related Terms
Physical, emotional, sexual, or financial harm inflicted by one spouse on the other or on children. Abuse is grounds for divorce and a critical factor in custody and protective order decisions.
Ex ParteA court hearing or order requested by one party without the other party being present or notified in advance. Used in emergencies involving immediate danger.
Automatic Temporary Restraining Order (ATRO)Court orders that automatically take effect when a divorce is filed, preventing both spouses from hiding assets, canceling insurance, or taking children out of state.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.