Id like to know.. how can someone prove domestic abuse in the marriage going on for long and with divorce should you hire a lawyer that deals or is an expert in this area ? Does it matter if there was any domestic abuse in-terms of alimony ? 22 yrs old marriage. How does the alimony get decided ? Eventually its about saving the overall cost of divorce and getting what one deserves. Should the case be filed as domestic abuse ?
What you are actually asking are two completely different questions. The first is a domestic violence question. In most states, the standard of proof on a domestic violence case is low. But these cases are filed as a separate action. Some are criminal, some are civil, but the remedy for each is a restraining order which prohibits the contact between the abuser and the victim.
As for your second question, again, normally domestic violence is one of the grounds for divorce that are listed in nearly every state's domestic relations statutes.
As for your third question, how does domestic violence affect alimony in a separate divorce action, in part, it depends on how the action is filed. If the domestic violence action is filed as a criminal action, seeking incarceration, it is a criminal case filed in Municipal Court. Generally, a criminal case cannot be used to gain advantage in a civil proceeding by your attorney. To do so would violate the ethical rules for practicing law in most states. If, however, the domestic violence is filed as part of your complaint for divorce, which is a civil case and not a criminal case, it can be used to color the opinions of the court. However, it does not necessarily mean that you get more spousal support if you allege that you've been abused. Can a judge consider it? Certainly. Is it a statutory grounds to increase your award of spousal alimony, in other words, get you more money? Generally the answer is no. Spousal alimony is normally based upon a comparison of your living expenses, your spouse's living expenses, your income, your spouse's income, your ability to work, any child custody issues and child support which is being exchanged, and a host of other issues. Each state has statutes which differ tremendously on these issues. For these reasons, you need to consult directly with local counsel. I suggest a seasoned divorce lawyer, such as myself, but in your jurisdiction. Each state has its own laws, and as you can see, I practice under the laws of the state of Ohio. But the general principles apply. I hope that the answer is helpful to you. If you are in a domestic situation involving domestic violence, first and foremost, you need to protect yourself. Domestic violence generally is a crime which increases with each occurrence, as the inhibitions of the abuser fall away. If you are not safe, get out. Then hire a good lawyer. First and foremost, please be safe. I hope this finds you well, and I hope the information was helpful. Good Luck. CPB
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You can find information about domestic violence, including seeking a protective order, here:
You don't need to hire a lawyer, as there are free resources available to victims of domestic violence. That said, hiring a lawyer with experience with your situation is best.
As you'll read (from the above link), you don't need to file for divorce to pursue protection from domestic violence.
Regarding getting a divorce, again, you don't need to hire a lawyer, but it's typically better if you do. Free help is available from the Court's Family Law Facilitator. Here's a link the the Sonoma Family Court, where there's info about the "self-help" center, as well as info about getting a restraining order against a domestic abuser:
Spousal support is a seperate issue, as part of a divorce. The primary statute (although, there are many) governing amount and duration of support is Family Code Section 4320. Here's a link to that statute:
As you'll read, domestic violence is a factor that the court can consider.
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You likely need a forensic psychiatrist to determine the level of past domestic abuse. Without a forensic psychiatrist it will likely be an impossible task to have the court accept that contention that there was long standing domestic abuse. Be careful, because there is a significant difference between a psychiatrist and a "forensic" psychiatrist. Ensure that the expert is a "forensic psychiatrist." Once the amount of past abuse is determined, then visit an attorney for the answers to the other questions. Best wishes.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
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