Douglas County Domestic Violence Attorney

Can Domestic Violence Allegations Influence My Divorce in West Georgia?

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It often happens that when a married couple is getting a divorce, one of the spouses will accuse the other of some type of domestic violence, whether it is verbal and emotional abuse, sexual assault or physical violence. This circumstance can have an enormous impact on the final outcome of the divorce. For example, domestic violence allegations can result in one of the parties being awarded spousal maintenance, or it could lead to the victim receiving a larger share of the marital estate.

Domestic violence allegations can also significantly affect the dynamics of the divorce proceedings. The court often takes protective measures to shield the victim or the accused from potential harm, which might include restraining orders or temporary court orders. Such measures ensure that both parties can equitably present their position without fear of intimidation or harm. Furthermore, allegations of this nature might prompt a re-evaluation of custody arrangements as the court meticulously considers the child's safety and well-being.

Our Douglasville domestic violence attorneys from Howard Law Group can help you address the issue of domestic violence in your divorce, whether you have been a victim or if you are being accused. Contact us online by calling (678) 922-9743 to schedule a consultation now.

What is the Impact of Domestic Violence in Child Custody Decisions in Douglas County?

Accusations of domestic violence can be especially important in a divorce where children are involved, since the award of child custody is based on the determination of what is in the best interests of the children, and if either parent is determined to have a history of domestic abuse:

• He or she may be denied custody
• He or she may even be limited to supervised visitation or no visitation

In cases where domestic violence is proven, the court's primary concern is the child's safety and ensuring a nurturing environment. An evaluation may be ordered to gain insights into family dynamics and potentially harmful behaviors. Custody decisions are thus influenced by comprehensive assessments by child psychologists or related professionals. The allegations are taken seriously, and comprehensive investigations are conducted to establish the facts, reinforcing the court's commitment to a safe environment for children.

Additional Impact on Divorce Proceedings

Georgia is a "no-fault" divorce state, which means spouses do not need to prove wrongdoing to end a marriage. However, when domestic violence is a factor, it can have a significant impact on divorce proceedings, especially if fault-based grounds (like cruelty or adultery) are cited in the complaint.

A Douglas County domestic violence lawyer can help structure your case to highlight the abuse as relevant to:

• Alimony Determinations - Courts may reduce or deny alimony to an abusive spouse, particularly if the abuse led to the breakdown of the marriage.
• Protective Orders and Restraining Orders - Courts may issue Temporary Protective Orders (TPOs) that bar an abusive spouse from the marital home, grant temporary custody to the victim, and restrict contact between the parties.
• Property Division - While Georgia follows equitable distribution, abuse can influence how assets are divided. Courts may award a greater share to the non-abusive spouse in cases involving financial control or physical harm.

What Is a Family Violence Protection Order in Douglas County?

In many cases, it is advisable for a domestic violence victim to obtain a restraining order against the abuser.

• The family violence protection order has the power to order the abuser to refrain from any further violence and even to avoid contact with the victim.
• It requires the abuser to vacate the shared residence regardless of whose name is on the lease or deed.
• It may also award temporary child custody and spousal support.
• It prohibits the abuser from owning, possessing, or purchasing a firearm.

If you are in fear of further abuse, we can assist you with petitioning the court, while if you have been served with a frivolous order which has thrown your life into disarray, we may be able to help you get it lifted.

Get Help From a Douglasville Domestic Violence Lawyer Now

We approach cases of this type with extreme sensitivity, along with a willingness to fight for our clients inside and outside of the courtroom. It often happens that one spouse will level false allegations of domestic violence in order to gain the upper hand in the divorce, but with careful preparation and investigation of the case, it may be possible to disprove the claim.

On the other hand, if you have been subjected to abuse, we want to help you take the necessary steps to achieve a favorable outcome in your divorce which gives you justice and the peace and security you deserve.

Whether you are facing allegations of domestic violence or are a victim of domestic violence, contact us now by calling (678) 922-9743 for a confidential consultation to discuss your concerns with a Douglasville domestic violence attorney today.