Victims of Spousal Abuse

Legal Help for Victims of Spousal Abuse in Arizona

Spousal abuse or domestic violence often causes the abused woman or man to seek a divorce from the abusing partner. When accusations of spousal abuse arise in the context of divorce proceedings, they must be handled with care.

Too often, divorcing spouses use charges of domestic violence to try to gain an advantage in the divorce proceedings. Arizona family court judges, wary of this possibility, examine divorce-related spousal abuse charges in minute detail to confirm one spouse isn't trying to gain an edge with regards to child custody dispute or in other areas.

The Law Offices of Wendy Raquel Hernandez, P.C., represents both women and men who are victims of spousal abuse. We are experienced in handling these claims when they arise in the course or divorce proceedings.

Orders of Protection

Arizona courts can issue restraining orders (also called orders of protection) if threats or incidents of domestic violence have occurred in the last six months. The judge has the power to issue emergency relief in the form of a restraining order. Later, if the party who had the order or protection issued against him or her requests it, the judge will hold a hearing on whether the order should remain in place.

If the couple is still living together in the same house, the order of protection will usually order the alleged abuser to leave the house and give exclusive use and possession of the house to the victim.

Divorce Proceedings and Spousal Abuse

If you have been the victim of domestic abuse and want to file for divorce, our law firm can quickly file a divorce petition on your behalf. We can also assist with an order of protection, as well as temporary orders which could require your spouse to provide you with temporary financial support during the divorce process.

Spousal Abuse and Children

In cases of alleged spousal abuse, family court judges act carefully to ensure the person charged with abuse is still allowed to maintain a relationship with his or her children. This may seem outrageous to the victim of abuse, but the court system places tremendous value on a child's relationship with both parents. Unless the abuser has specifically targeted the children, the court will almost always allow some kind of visitation arrangement for the other parent.

Often, the visitation arrangement will include a provision that a neutral person pick up and deliver the child between parents or a provision that parenting time with the alleged abuser be supervised. In other words, courts often put safeguards into place that protect the abused party while allowing the abuser to have reasonable contact with the children.

In the event of very serious or extreme cases of domestic violence, Arizona law provides a specific mechanism by which the abused party can argue for sole custody based upon the history of domestic violence in the relationship.

Taking the Next Step

If you have questions about spousal abuse and its potential effect on your divorce proceedings, schedule a confidential consultation with an experienced family law attorney. To make an appointment with a lawyer, call toll free (888) 541-2919 or use our online contact form.