Dealing with Divorce and Domestic Violence in Georgia
Deciding to divorce is an emotionally taxing journey, and for those experiencing domestic violence, the challenges are magnified. In the shadows of an abusive relationship, the path to freedom is fraught with complexities. There’s always the fear of what the abusive partner might do next and the uncertainty of the steps you should take.
At The Edwards Law Group, we understand the unique struggles that individuals facing domestic violence encounter during divorce, and we’re here to offer guidance and support. You are not alone in this journey, and you have every right to protect yourself and your family.
Understanding Domestic Violence: A Silent Epidemic
Domestic violence is not confined to physical abuse; it encompasses a range of behaviors aimed at controlling and intimidating a partner. Legally, it is defined as a pattern of abusive behavior in any relationship used by one partner to gain or maintain power and control over another. Recognizing the different forms of domestic violence is crucial:
- Physical Abuse: Inflicting bodily harm or injury. It may also involve causing harm to a partner’s pets or confiscating essential tools such as glasses, medication, or wheelchairs.
- Emotional/Psychological Abuse: Undermining an individual’s sense of self-worth or controlling their behavior. Perpetrators may engage in name-calling, exert excessive control, engage in manipulation, or humiliate their partners in the presence of friends and/or family. The abuser might attempt to psychologically manipulate or “brainwash” their partner, pressuring them into specific behaviors. Additionally, abusers might resort to blackmail, exploit religious justifications, or involve children in abusive dynamics.
- Financial Abuse: Controlling financial resources to limit independence. Perpetrators may forbid their partners from working or demand that their partners surrender their paychecks.
- Sexual Abuse: Coercing or attempting to coerce sexual contact without consent. Marriage does not grant one partner the right to coerce or force the other into engaging in sexual activity.
- Stalking: Unwanted and obsessive attention causing fear or apprehension. Perpetrators might consistently follow their partners, appear unexpectedly, or demonstrate an unnerving knowledge of their partner’s private activities.
Assault, trespassing, and damaging property can also be considered acts of domestic violence. In Georgia, domestic violence is a serious offense, and the legal system provides avenues for protection.
Domestic Violence as Grounds for Divorce in Georgia
Georgia recognizes both no-fault and fault-based grounds for divorce. No-fault divorce is based on the irretrievable breakdown of the marriage, while fault divorce allows one party to allege specific wrongdoing by the other. Domestic violence is one of the fault grounds for divorce.
Even if there hasn’t been a documented case of domestic violence, either partner can raise claims related to domestic violence.. If it is proven that either party poses a physical or mental threat to the other, determinations regarding alimony and child custody may be affected.
Impact of Domestic Violence on Divorce
Experiencing domestic violence significantly impacts divorce proceedings. Courts consider the history of abuse when determining child custody, visitation, and spousal support.
If allegations of family violence are proven, the court may provide a more favorable property division outcome for the harmed party. This could involve granting the non-abusive spouse the marital home or a higher share of the marital property.
Georgia Code § 19-6-5 details the criteria the court considers in deciding whether to grant alimony and the alimony amount. Although domestic violence isn’t explicitly listed among the eight factors, the last factor covers any pertinent information the court deems “equitable and proper.” Consequently, the court may evaluate how family violence has impacted the victim’s employment capabilities or financial support requirements.
When it comes to child custody, courts thoroughly investigate any claims even if neither party has reported, been arrested, or sought police help for domestic violence. If a party is found to have been abusive, the court may only permit them to have visitation or custody if there are safety measures in place for the child and co-parent. To ensure safety, the court may:
- Order supervised visitation with payment of supervision fees.
- Keep the abusive parent from knowing the child and the victim’s address.
- Mandate completion of family violence intervention training for the abusive parent.
- Restrict overnight visitation.
- Specify custody exchanges in protected settings like police or fire stations.
- Impose a bond requirement for the abusive parent, returned with each safe child return.
- In extreme circumstance, consider terminating the parental rights of the abusive parent.
Proving Allegations of Domestic Violence
Proving allegations of domestic violence is a delicate process. Documenting incidents, seeking medical attention, and obtaining witness statements can strengthen your case. The court may also consider police reports, photos, or other evidence that substantiates the claims.
Demonstrating domestic violence in a divorce case differs from proving it in a criminal case. The victim only needs to show that it likely happened, based on the greater weight of the evidence.
Obtaining Domestic Violence Protection
If you’re facing immediate danger, seeking protection is paramount. Georgia offers Temporary Protective Orders (TPOs), which provide swift legal protection against an abuser. TPOs can include restrictions on contact, eviction from shared residence, and custody and child support provisions.
You can request a TPO by submitting a petition to the court. The petition needs to be verified by a notary and must contain details about any recent incidents of domestic violence. You must show that a violent act occurred recently and is likely to happen again soon if nothing is done to prevent it.
Legal Strategies for Protection During and After Divorce
Navigating divorce proceedings amid domestic violence requires a strategic approach:
- Secure a Safe Environment: Establish a safe living arrangement for you and your children.
- Restraining Orders: Work with your attorney to obtain restraining orders to prohibit contact.
- Child Custody Considerations: Advocate for the safety and well-being of your children when discussing custody arrangements.
- Supervised Visitation: Request supervised visitation to ensure the safety of your children during interactions with the abusive partner.
- Financial Independence: Develop a plan for financial independence, reducing reliance on the abusive partner.
Our Legal Team Can Help You Find Your Path to Freedom
If you find yourself ensnared in the cycle of domestic violence during divorce, know that you’re not alone. At The Edwards Law Group, our compassionate team is dedicated to providing the legal support and resources necessary for your journey to freedom. It’s time to break free from the shadows of abuse and step into a future marked by empowerment and resilience.
Take the first step toward a new beginning. Contact The Edwards Law Group for the guidance and protection you deserve. Your safety is our priority.
