I was assaulted by my spouse and she admitted that is was an assault but she has not been formally charged . How can I request the court to make a finding of family violence in my divorce petition ? Example : Petitioner requests the court make a finding that Respondent committed family violence as set forth under 71 . 004 PFC " Is that right ? and what would the heading be called ? Request for Findings of Fact and Conclusion of Law ?
You need to consult with a family law attorney about what you can do to ensure these findings, including seeking a protective order, whether it is in your best interest to file formal charges in criminal court, and the effect of such findings.
Most family attorneys charge on an hourly basis; you might be able to find one who will meet with your for a couple of hours to review your pleadings and assist you for the limited purpose in drafting this language.
Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Divorce / Separation Lawyer
You should definitely contact an experienced family law attorney in your area. A conviction and/or finding of family violence can directly affect a range of issues in a divorce case including conservatorship and possession and access of a child, property division, as well as spousal maintenance. Some of these may not apply to your case but you should seek legal counsel to determine what your legal options are as well as making sure your pleadings are done properly.
Hopefully you have an attorney you can rely upon for help. If not, I encourage you to speak with the local authorities including the county prosecuting attorney and seek to file charges against her. If they find your allegations credible perhaps they will file. Otherwise drop it as you will come off as seeking revenge.
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.