The presence of domestic violence has a deep influence on factors like parenting and family law proceedings. A person’s parental rights can be restricted by the court if they commit physical violence against their partner or children.
However, domestic violence neither affects asset division nor legally mandated support payments. Still, the perpetrator can face the outcomes of the former.
In such cases, victims should know their rights and take the right steps against such problems.
If a person is involved in such issues, they should hire the best Divorce Lawyers to navigate these complications and get fair outcomes.
This article will shed light on the ways in which domestic violence can affect family law procedures. We will also look at types of domestic violence and their impact. So, let’s begin.
Domestic Violence
Domestic violence involves aspects such as physical abuse, controlling the partner, and psychological, emotional, verbal, and financial abuse. It is often seen that one partner plays power tactics to silence the other.
It becomes difficult for a survivor to speak out about their experiences while being in such a relationship.
However, they can help themselves out of such situations by hiring the Best Family Lawyer in Ontario. They will help you get justice and safeguard your rights.
The first step in an incident involving domestic violence is to secure safety for the victims.
Additionally, there are many cases where false allegations of domestic awareness also occur. You can tackle such situations with legal aid.
Types of Domestic Violence
Domestic violence is of two types: physical and psychological harm. The former causes damage to a person’s body, whereas the latter involves mocking, controlling, and belittling someone.
The impact of domestic violence can be devastating in a single attempt or can happen in separate instances over a long time.
A court can reduce the parenting rights of a person who is deemed abusive. Their access to their marital home, where the criminal charges are involved, can be denied.
The explanation process of a claim related to physical assault can be complicated.
However, with the right legal help, you can receive justice and possible compensatory damages you’re entitled to.
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Impact of Domestic Violence on Decision-Making Responsibility and Parenting Plan
Domestic violence has an influence on decision-making responsibilities and parenting plans. The latter showcases how children should be raised after their parents’ separation.
It includes guidelines like the amount of time the child will spend with one parent.
Decision-making responsibility is defined as the duty of the parents to decide on a child’s important issues. It involves schooling and medical needs.
Even though many separating couples aim to have joint decision-making responsibility, it becomes inappropriate when one of the parents is abusive.
A domestic violence survivor often receives the sole responsibility for making decisions and the matrimonial home.
However, if there is any difficulty in proving the severity and nature of the charge, alternative arrangements can be made.
While making a parenting plan that involves decision-making responsibility, all forms of abuse should be considered. It will protect the survivor from ongoing violence.
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Court Orders for Safeguard Against Domestic Assault
Several orders in family law proceedings can help domestic violence survivors. A restraining order prevents your former or current spouse from contacting you.
Another alternative can be temporary exclusive possession of a matrimonial home. Even if the abusive partner has the title ownership, it can protect you from unwanted consequences.
However, you need solid evidence to prove that the lives of your children can be in danger if the perpetrator continues to live wissth them.
You must also remember that this order is temporary and can address the residential issue until a decision is made regarding the division or equalization of net family property.
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Why are Family Lawyers Essential for Cases Involving Domestic Violence?
A family lawyer can provide support and guidance to domestic violence survivors. They have several approaches aiming for positive outcomes. These approaches include:
- Understanding the client’s domestic violence experience, including the psychological impact.
- Advisory on pressing charges and when they need to involve police.
- Guiding the client while they create a safety plan and apply for legal aid.
- Recommending safety measures for the future, considering the client and children’s wellbeing.
- Creating a comprehensive parenting plan or getting a court order with respect to exchange protocols and communication boundaries.
- Informing the seriousness of the situation to the client, which includes recognizing their own improper behaviour.
- Encouraging the client to end harmful relationships for the sake of their children’s well-being.
- Advising the client against recording the confrontations, as it can increase their burdens.
Conclusion
Family law is a complicated legal concept that can be helpful for those families dealing with divorce. It is also very impactful for domestic violence survivors.
Furthermore, it is important for victims to understand the laws and utilize them to safeguard themselves. They can seek legal support to ensure they get the best outcome. Hence, you can protect yourself from domestic violence and ensure your rights are upheld.
