Mt. Juliet and Lebanon TN
Domestic violence is estimated to affect one of every four women and approximately 10 percent of all men in America at some point in their lives, according to the Centers for Disease Control and Prevention. For this reason, it should be no surprise that domestic violence is a contributing factor in many divorces. At the Law Office of Yancy Belcher, we hope you’re never the victim of domestic violence. However, Mt. Juliet divorce attorneys want you to know what to do if domestic violence is a factor in your divorce.
A breakdown of Tennessee domestic violence law
Even if you’re no longer married, your former spouse still can commit domestic assault against you. Domestic assault is defined as intentionally, knowingly, or recklessly inflicting a bodily injury, causing someone to fear bodily injury or initiating physical contact that can be interpreted as extremely offensive or provocative by the other person.
If you’re accused of domestic assault, you’re going to face criminal charges. If convicted, the penalties could include jail time and no longer being able to possess firearms legally. If you’re the victim of domestic violence, you may want to file for an order of protection. An attorney with experience practicing family law can be a tremendous asset in these matters. You also need legal representation if someone applies for a protection order against you, claiming you as the one committing the abuse.
How does domestic violence complicate a divorce?
Any situation involving domestic assault is going to complicate any negotiations that take place as part of a divorce settlement. Accusations of domestic violence, in the court’s eyes, also will have an impact on arrangements of child custody and parenting time. No matter which judge has your case, the court always seeks to do whatever is in the best interests of the children involved.
What should you do if you’re the victim of domestic violence in your marriage?
Take immediate action and call the police. Another option is to contact a domestic violence relief agency in Nashville or Mt. Juliet. These agencies can provide counsel and direct you to a safe place.
Your safety comes first. This may require that you leave your home if you’re living under the threat of violence. If your spouse’s violence has you fearing for the safety of you and your children, leave!
Contact an attorney. If you’re not under threat, it’s in your best interest to reach out to a qualified defense attorney who is going to represent you in whatever dispute will follow. If you leave, you may not be allowed to return until the court divides the property. This legal process could take months or even years.
Know your options. Your abuser can be arrested on several different charges as it pertains to domestic violence. However, you also can use the civil courts as an avenue. Civil courts may issue orders of protection with fewer requirements of notice than a criminal court. A civil court also can grant you temporary possession of your home and car, as well as temporary full custody of your children.
Divorce Attorney in Nashville
No matter what the circumstances are surrounding your divorce, having an experienced lawyer who is going to fight for you is a must. The Law Office of Yancy Belcher will represent you throughout every step of the divorce process. He has experience with both contested and uncontested divorce. Have questions? Click here for answers to some of the frequently asked questions about divorce from our very own clients in Nashville, Hermitage, and Mt. Juliet in Tennessee. Then, call our office at (615) 773-2889 to schedule your free consultation.