Divorce is never easy, but when domestic violence is involved, the stakes are elevated and the legal landscape becomes far more complex. In such cases, the court’s primary focus shifts to the safety and well-being of the victim and any children involved. Understanding how domestic violence impacts divorce and, most critically, child custody proceedings is essential for victims seeking to protect themselves and their children.
We understand that domestic violence and divorce can intersect, and the crucial considerations when it comes to child custody and domestic abuse.
What Constitutes Domestic Violence in Ohio?
In Ohio, domestic violence is broadly defined and includes more than just physical abuse. It encompasses any act that causes or attempts to cause physical harm, knowingly causes or attempts to cause physical harm, or recklessly causes serious physical harm to a family or household member. This also includes threats of violence, stalking, and sexually oriented offenses.
It is critical to document every instance of abuse, as evidence will be vital in court. This documentation can include police reports, medical records, photographs of injuries, text messages, emails, and witness testimonies.
The Impact on Divorce Proceedings
When a divorce petition is filed and a history of domestic violence is alleged, the legal process is fundamentally altered.
1. Protection Orders
One of the first and most critical steps is obtaining a Civil Protection Order (CPO). If a court grants a CPO, it can order the abuser to leave the shared residence, prohibit them from having any contact with the victim and children, and often includes a temporary custody order. A CPO provides immediate protection and is often the first legal document that separates the victim from the abuser. This order can be in place for up to five years and can be renewed. In Brunswick and the rest of Ohio, this is a powerful tool to ensure safety while the divorce proceeds.
2. Property Division
While Ohio is an “equitable distribution” state, meaning marital assets are divided fairly but not necessarily equally, a history of domestic violence can influence the court’s decisions. For example, if the abuser dissipated marital assets (e.g., spent marital funds on legal fees related to an assault case, or incurred debt due to substance abuse), a judge may award a larger share of the remaining assets to the victim to compensate for the financial misconduct. The court may also consider the abuser’s financial resources when determining spousal support (alimony).
3. Spousal Support (Alimony)
Domestic violence can have a significant impact on a victim’s ability to be financially self-sufficient. A victim may have been prevented from working, or their career may have been derailed due to the abuser’s control and harassment. A court will consider these factors when determining spousal support. The court may order the abuser to pay spousal support to the victim for a longer duration or in a higher amount to help them regain financial independence.
Navigating Child Custody and Domestic Abuse
The most significant and challenging aspect of a divorce involving domestic violence is the impact on child custody. The court’s paramount concern is the “best interest of the child.” In Ohio, a finding of domestic violence is a major factor in that determination.
1. Custody and Parental Rights
In Ohio, there is a strong legal presumption that a parent who has engaged in domestic violence within the past 12 months should not be granted shared parenting (joint custody). The law states that if a parent is found to have committed domestic violence, the court is not permitted to issue a shared parenting decree. Instead, one parent will be designated as the sole residential parent and legal custodian.
The court will also consider the abuser’s past behavior when determining visitation. A judge is unlikely to grant unsupervised visitation to an abusive parent, especially if there is a history of violence against the children or a threat of danger.
2. Supervised Visitation
If the court allows visitation for the abusive parent, it is almost always supervised. Supervised visitation means that all contact between the abuser and the children must take place in the presence of a neutral third party, such as a professional visitation supervisor or a trusted family member. This is to ensure the children’s safety and to prevent the abuser from using visitation to continue their coercive and controlling behavior.
3. The Child’s Voice
In Ohio, a guardian ad litem (GAL) is often appointed in high-conflict custody cases, including those involving domestic violence. The GAL is a neutral party, often an attorney, who is appointed by the court to represent the best interests of the children. They will interview the parents, the children, teachers, therapists, and other relevant individuals to provide a report and recommendations to the court regarding custody and visitation. The child’s wishes may also be considered by the court, depending on their age and maturity.
4. Psychological and Emotional Impact
The court will also consider the emotional and psychological impact of the abuse on the children. Exposure to domestic violence, even if they are not direct victims of the physical abuse, can cause severe emotional trauma, anxiety, and behavioral issues. A judge will take expert testimony from therapists and counselors into account when making custody decisions.
Seeking Help is Crucial
If you are a victim of domestic violence in Ohio, and are considering divorce, it is imperative that you seek legal counsel from an experienced family law attorney who specializes in domestic violence cases. An attorney can help you navigate the legal system, file for a protection order, gather evidence, and advocate for your and your children’s safety.
We understand the severity of the situation and can help you and your children. Contact us today.