Divorce can be an upsetting experience but when there is a history of spousal abuse,
we are adding multiple legal, financial and emotional issues. From a legal point of view, you have certain rights if you have faced such a situation. You will need an experienced divorce Broward attorney to see that your rights are protected and you receive the full protection of the law.
Getting Legal Protection:
When faced with violence, you can seek protection from the law. The Court can order your abusive spouse to stay away. In order to do so, your lawyer will file an injunction or a restraining order. If the Court finds enough reason to believe that violence has been committed, the Court will issue a ‘Protection from Abuse’ Order. Violating any such Order will result in criminal charges.
Effect of Abuse in Financial Matters:
Distribution of property in Florida is based on the principle of “equitable distribution.”This means a fair distribution of assets. The Court will also consider abuse in deciding the matters.
Effect of Abuse in Custody Matters:
The Court’s priority lies in ensuring the wellbeing of the child. Keeping this in mind, the Court will determine whether a convicted parent should have any custody. Even without a conviction, the Court will consider any evidence that indicates a history of abuse.
It’s a good idea to hire an experienced divorce Broward attorney in such cases. You will need to ensure that your case is watertight and all your evidence is correctly recorded.