Divorce and Domestic Violence in Tucson

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The divorce process can be emotional, time-consuming, and legally complex. Where domestic violence is involved, the process is even more complicated. Unfortunately, domestic violence affects millions of Americans every year, including divorcing couples and their families. In some cases, domestic violence is the cause of divorce. Divorce proceedings can also trigger domestic violence.

Victims of domestic violence often face unique challenges when seeking divorce, including personal safety concerns and custody considerations. There may also be concerns about financial support, including alimony and child support. Whether a spouse has become violent in response to divorce proceedings or domestic violence is the reason for the divorce, Arizona severely punishes offenders.

Despite domestic violence complicating the divorce process, a skilled divorce lawyer can help you navigate the process while protecting your rights and ensuring your safety.

What is Domestic Violence?

Under Arizona law, domestic violence is any dangerous or violent acts or threats of violence against a person with whom the accused has a domestic relationship. In essence, domestic violence is more than just physical harm and can include emotional abuse, stalking, kidnapping, financial control, harassment, intimidation, and threats.

The potential victims of domestic violence include the offender’s spouse, ex-spouse, siblings, parents, grandparents, children/stepchildren, or a person with who the offender has or is about to have a child together. When domestic violence is a factor in divorce, it often complicates the process, including making negotiations almost impossible.

The Impacts of Domestic Violence on Divorce

Arizona is a ‘no-fault’ divorce state where even misconduct like domestic violence does not need to be proven to end a marriage. However, evidence of domestic violence or abuse can significantly affect divorce proceedings. For instance, with the law prioritizing the best interest of the child, the court is likely to consider domestic violence when determining child custody and visitation.

Where divorce proceedings include child custody and there is evidence of abuse, the court may restrict or supervise visitation for the accused to protect the child. The court can also appoint a third party to advocate for the child’s interest, investigate alleged abuse, and make necessary recommendations on parenting time or visitation for the accused.

Domestic violence can also affect asset division and spousal support. In some cases, there may be financial abuse in the marriage where a spouse controls their partner’s financial access, including denying or restricting access to bank accounts. The offender can also control their victim by not allowing them to seek employment. Where financial abuse is evident the court may grant additional financial consideration to the victim to help them regain their independence and security.

Legal Protections against Domestic Violence in Arizona

Besides punishing offenders, Arizona law also provides legal protections for domestic violence victims to ensure their safety and security. Some of the protections include protective or restraining orders. The order prohibits the accused or abusive party from contacting or coming near the victim, including their home, school, and workplace.

Where a divorce involves spousal or child abuse, the protective order often includes the eviction of the abuser from the shared home or residence. It can also include restricting communication and granting temporary child custody to the victim. In most cases, the court will issue a temporary restraining order where there is evidence of domestic abuse.

A victim can also seek emergency legal orders if they are in immediate danger. It is also advisable to immediately involve the police if you feel unsafe. Besides helping remove the abuser from the shared residence, the police can also help collect crucial evidence of abuse and connect victims to necessary resources.

In divorce proceedings, the court often grants protection orders on request. But, you may need to provide evidence of domestic violence, including witness reports, medical records, and police reports. Essentially, your spouse may dispute your allegations or the need for a protective order. The judge will require both parties to present their case before deciding on the issue. A skilled divorce attorney can help you gather the necessary evidence for a successful protective order petition.

Why You Need a Divorce Lawyer

The divorce process is itself overwhelming. Domestic violence further complicates the process as it endangers your safety and that of your children. Domestic abuse can also impact your financial independence. However, a skilled divorce lawyer can help protect your rights and ensure your safety.

A skilled attorney will help you obtain protective orders and secure custody arrangements that prioritize your safety and that of your children. They will also help you get fair child and spousal support, a suitable parenting plan, and equitable asset division.

The lawyer will also help you gather relevant evidence, including medical records to prove domestic abuse. A skilled and experienced divorce attorney can also connect you with relevant resources, including shelters and counseling services. The attorney understands divorce and domestic violence complexities and will provide the necessary legal, emotional, and other practical support.

Contact a Tucson Divorce Attorney

Domestic violence impacts the divorce process, including complicating and slowing it down. It often affects crucial divorce decisions like child custody, spousal support, and asset division. You may need to obtain a protective or restraining order in a divorce that includes domestic violence. Adding safety concerns to a potentially stressful divorce process can be overwhelming.

However, a skilled Tucson divorce attorney can help you navigate the process. If you are in Tucson, AZ, our skilled and experienced Tucson divorce lawyers at RPM Law will guide you through the legal and emotional complexities of a divorce that involves domestic violence. We are committed to helping you get a fair divorce settlement while ensuring your safety and security. Contact us today to schedule a free consultation and learn more about our services.