While it’s not often talked about, physical domestic violence occurs in almost 20 percent of marriages, according to the American Association for Marriage and Family Therapy. Emotional abuse, including threats, degrading comments, and financial manipulation, is even more prevalent. Abuse, or allegations of abuse, can make divorce even more complicated and painful, and having a domestic violence attorney who will advocate on your behalf and fight for your rights is essential to getting a more favorable outcome.
At The Doyle Law Group, we work with both victims of domestic violence as well as those wrongfully accused in their divorce and family law proceedings to ensure justice is served and fairness is upheld.
Restraining Orders During Divorce
In North Carolina, a Domestic Violence Protective Order, also called a 50B, protects victims of domestic violence. Also called a restraining order, a judge can order the following against an abusive spouse:
- No contact whatsoever, including refraining from threatening their spouse or their spouse’s family;
- Evicting him or her from the family residence;
- Prohibiting the possession or purchase of a firearm;
- Revoking custody and establishing stringent visitation rights for children.
For people who are victims of abuse and are separated or seeking divorce from their abuser, our domestic violence attorneys will help you file the DVPO to keep you and your family safe during the divorce proceedings and once it is finalized.
How Domestic Violence Allegations Affect Divorce Proceedings
North Carolina allows no-fault divorce, and this means that as long as the couple is separated for 12 months, they can receive an absolute divorce. Abuse doesn’t play a role in whether or not the divorce is finalized and the marriage is dissolved.
However, domestic violence is most likely to affect child custody and child support. If a spouse is abusive, and there are credible claims or proof of abuse, a judge may order limited visitation, supervised visits, and ordering all exchanges of children occur in public, such as at the police station. In the most extreme cases, a court may terminate visitation and even parental rights.
While abuse itself is not a cause for spousal support, often, its effects can determine whether you are eligible for alimony. For example, if an abusive spouse is controlling their partner’s ability to work and now allowing them to work outside the home, their future earning potential is severely limited.
A Domestic Violence Attorney for the Wrongfully Accused
While allegations of abuse should always be listened to and taken seriously, unfortunately, there are occasions when someone will exaggerate or even make up details. This is especially likely during a contentious divorce when one party is trying to get full child custody, more child support, and a more favorable divorce settlement.
False accusations can ruin your life, but our domestic violence attorney will work with you to clear you of any wrongdoing and ensure a more fair divorce outcome. If you have had a restraining order filed against you, we will work to have it removed if the allegations are unfounded.
Schedule a Consultation with Our Raleigh Domestic Violence Attorneys
At The Doyle Law Group, we fight false claims of abuse so you can get your life back. To discuss your options regarding restraining orders or false accusations, call (919) 301-8843 or complete the form below.
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