Domestic violence is a serious issue that can significantly impact divorce and child custody proceedings. In Indiana, allegations of domestic violence are taken very seriously by the courts, and they can influence the outcome of your case. If you’re dealing with domestic violence in your marriage or relationship, it’s crucial to understand how these allegations can affect divorce and custody decisions, and how you can protect yourself and your children during the legal process.
Domestic Violence and Divorce in Indiana
When domestic violence is part of the situation in a divorce, the courts are likely to consider this factor when making decisions about property division, alimony, and even the divorce settlement itself. Indiana is a no-fault divorce state, meaning that you do not need to prove fault for the divorce to be granted. However, allegations of domestic violence may still impact the final decision regarding asset division, spousal support, and more.
- Asset Division: In Indiana, the court will aim to divide marital property equitably, but domestic violence allegations may influence how the property is divided. If one spouse has been abusive, the court may consider that behavior when determining the fair distribution of assets. The abusive spouse may be granted a smaller share of marital assets, especially if their actions caused harm to the other spouse or children.
- Spousal Support: Domestic violence can also play a role in spousal support decisions. If a spouse has been a victim of abuse, the court may grant additional financial support to help them rebuild their life, particularly if the abusive spouse has caused financial hardship.
Impact of Domestic Violence on Child Custody in Indiana
One of the most important aspects of a divorce or family law case involving domestic violence is the effect it has on child custody and visitation. In Indiana, the courts prioritize the well-being and safety of children above all else, and any allegations of abuse will be thoroughly investigated.
- Custody Decisions: Indiana courts will not award joint custody to parents if one parent has been convicted of or has allegations of domestic violence. If one parent has been abusive, they may lose primary custody of their children, and their visitation rights may be limited or supervised to ensure the safety of the child. The courts will look at the history of domestic violence, including any police reports, medical records, or testimony from witnesses, to determine the appropriate custody arrangement.
- Supervised Visitation: If the court believes that the child’s safety might be at risk, it can order supervised visitation, meaning that the abusive parent may only be allowed to spend time with the child in the presence of a neutral third party. This arrangement ensures that the child is protected from potential harm during visits.
- Protective Orders: In some cases, the court may issue a protective order (also known as a restraining order) to keep the abusive spouse away from the victim and children. This legal order prevents contact and provides immediate protection for the victim during the divorce and custody process.
How to Protect Yourself and Your Children
If you’re facing a divorce or custody battle involving domestic violence, there are steps you can take to protect yourself and your children throughout the process:
- Document the Abuse: Keep detailed records of any incidents of abuse, including dates, times, and descriptions of the events. Save any text messages, emails, or social media posts that may support your claims. Medical records, police reports, and witness testimony can also be crucial in your case.
- File for a Protective Order: If you feel unsafe, you can request a protective order (restraining order) from the court to keep your abusive spouse away from you and your children. This can provide immediate relief and protection during the divorce and custody proceedings.
- Work with an Experienced Family Law Attorney: Domestic violence cases can be emotionally and legally complex. It’s essential to have an experienced family law attorney who can guide you through the legal process and advocate for your safety and rights. They can help you present your case to the court and ensure that the judge considers the impact of domestic violence on custody and divorce decisions.
- Prioritize Your Safety: Above all, your safety and the safety of your children should be the top priority. If you’re in immediate danger, don’t hesitate to contact law enforcement or a domestic violence hotline for assistance. Make sure to develop a safety plan, which may include finding a safe place to stay or a trusted friend or family member to stay with.
Conclusion
Domestic violence is a serious matter that can have long-lasting effects on divorce and custody proceedings in Indiana. If you are facing a divorce or custody battle involving abuse, it’s essential to understand how the courts will consider these allegations and how you can protect yourself and your children. By documenting the abuse, filing for a protective order if needed, and working with an experienced family law attorney, you can navigate the legal process and achieve the best outcome for yourself and your children.
If you need legal assistance, Ziemer Law, LLC is here to help. Our experienced team of family law attorneys can guide you through the divorce and custody process while ensuring that your safety is prioritized every step of the way.
