Are you experiencing domestic violence? There is help for you. Call 911 if you are in immediate danger. For additional support and resources, call the National Domestic Violence Hotline at 1-800-799-7233 and get information on shelters and other domestic violence providers.
Intimate family violence is a tragic reality for many people in Maryland. With the recent change in Maryland law that only recognizes “no-fault” divorce, it is no longer possible to allege domestic violence as a basis for divorce. However, when domestic violence is a factor in a family law case, it still significantly impacts many aspects of the case. Understanding how and when to raise domestic violence in a family law matter has major implications for short and long-term safety and support for the victims of domestic violence.
When Does the Court Consider Domestic Violence?
Financial Considerations
In Maryland divorces, domestic violence can strongly influence critical aspects of the divorce process. Maryland judges can consider the acts and behavior of each party, and allegations of abuse have particular weight where the victim can show that the abuse has led to financial losses or prevented their ability to support themselves. Asset division and spousal support are based in part on principles of fairness, and judges do not want to reward an abuser.
Child Custody and Support
Whether the domestic violence involved direct abuse of the children or not, Maryland courts will take strong steps to enforce the “best interests of the child” standard where domestic violence occurred in the home. An abuser may lose custody of the children or have their custodial rights severely limited. Where custody is not awarded to an abuser, that parent may be required to have supervised visitation with their children, and in extreme cases, may even lose any right to see their child on a temporary or permanent basis. Child support may also be impacted by requiring the abuser to pay for the increased needs of the children due to the abuse, including mental health support.
Protective Orders
When domestic violence is a factor in a divorce, the victim may petition the court for a variety of protections. These can be granted on an emergency, temporary, or permanent basis if the victim can prove the need for such protection. Protections can range from stay-away orders to limiting the abuser’s ability to empty bank accounts or sell the family home during the course of the divorce.
Cross-Accusations in High-Conflict Divorce
When the acrimony runs high, one or both parties can try to use allegations of domestic violence to impact the outcomes. Unfortunately, abusers also often accuse the victim of abuse to deflect attention from their actions. These cross-allegations can make it difficult for the court to discern what actually happened in the course of the marriage. In such cases, clear evidence, including credible testimony, can be crucial in establishing the truth.
The Importance of Having an Advocate
Victims of domestic violence, or innocent spouses being falsely accused, can be overwhelmed by the prospect of facing a judge to resolve critical questions in divorce and custody matters. A skilled family law attorney can do more than represent you in court. They can connect you with resources, offer guidance on what to bring to the court’s attention, and meaningfully prioritize throughout the process. Whether negotiating settlements, asking for a protective order, or litigating a trial, an experienced family law attorney can be a champion and an advocate, shielding you from your abuser.