Catharine M. Venzon Domestic Violence Law Blog on Lawyers.com

Domestic violence involves any behavior that one person uses to gain control and power over another. The act can involve anything from emotional or verbal abuse to physical violence, and although men most commonly are the abusers, they may also be victims. Every situation has unique aspects that complicate the divorce process even as it threatens the safety of the family.

Victims of domestic violence need immediate protection

Whether you know someone facing domestic violence—or if someone threatens the safety of anyone in your home, resources exist to help ensure your safety. If you have access to a safe computer that is inaccessible to the abuser, you can find extensive information from the National Domestic Violence Hotline online, or call for immediate protection at 1–800–799–SAFE (7233).

During the divorce process, you need to understand the importance of informing your attorney if any form of domestic abuse, no matter how subtle, exists in your relationship. Experienced family lawyers take these accusations very seriously, and they can take immediate action to obtain protective orders or guide you on what you need to do to remain safe.

How domestic abuse affects the divorce process

Domestic abuse affects many areas of divorce, including the following:

• Negotiation. Abuse situations represent relationships with a significant imbalance of power, in most case eliminating the ability to negotiate divorce settlements. Your attorney most likely may recommend taking your divorce to court.
• Child custody and visitation. Judges convinced that abuse exists typically prevent abusers from obtaining any degree of child custody or even unsupervised visitation—if they permit any visitation at all. However, judges consider many details, such as whether the abuser has successfully completed treatment for the underlying psychological issues.
• Child support. Even a parent with no contact continues to have responsibility for child support as set forth in the final judgment.
• After the final judgment. In most cases, the courts can require a parent who denies visitation against the provisions of a divorce decree to permit visits. But when the custodial parent has concerns for the safety of the children, he or she can deny visitation until a judge can hear the case and make a final decision.

Attorneys experienced in family law can help protect victims and their children

The experienced Buffalo divorce attorneys at Venzon Law Firm have almost three decades of experience helping clients in all areas of family law. We take your safety very seriously, and we do everything we can to protect you and your family from the abuser. Call us at 716-854-7888 to speak confidentially with one of our experienced family lawyers.