Domestic Violence and Divorce: Prioritizing Safety, Custody, and Asset Protection

• Physical Violence: Any non-consensual physical contact, regardless of whether it left a visible mark.
• Emotional and Psychological Abuse: Systematic patterns of intimidation, threats, and "gaslighting" designed to exert control.
• Financial Control: Withholding access to marital funds, credit cards, or employment to create total dependency.
• Stalking and Digital Surveillance: Unauthorized tracking via GPS, monitoring digital communications, or unwanted persistent contact.

While definitions vary by state, most courts now look for a "pattern of coercive control." SJKP LLP performs a jurisdictional audit to ensure your specific allegations meet the statutory thresholds required to trigger enhanced legal protections.

In no-fault jurisdictions, you do not need to prove abuse to get the divorce. However, proving domestic violence and domestic abuse remains essential because it influences the "equitable" nature of the proceedings. In "fault-based" states, domestic violence serves as a direct legal ground, which can sometimes expedite the divorce or result in a more favorable distribution of marital assets as a remedy for the "marital fault."

Before the divorce petition is even served, SJKP LLP often secures emergency relief to establish a "safe zone" for the client.

• Protective Order (Restraining Order): A court mandate requiring the abuser to maintain a specific distance and cease all communication.
• Exclusive Possession of the Marital Home: An order granting the victim sole use of the residence, forcing the abuser to vacate.
• Emergency Custody Orders: Granting the victim immediate temporary custody to prevent the abuser from using the children as leverage.

Courts start with a presumption that joint custody is ideal, but custody and domestic violence findings can rebut this presumption. If the court finds a history of abuse, it may order:

• Sole Legal and Physical Custody: Granting the victim full decision-making and residential authority.
• Supervised Visitation: Requiring the abuser's time with the child to be monitored by a professional or a court-approved third party.
• No-Contact Orders regarding Children: In extreme cases, terminating visitation entirely to ensure child safety.

If the abuser spent marital funds to facilitate their abuse (e.g., spending money on stalking equipment or damaging property), we litigate for a "reimbursement" or a larger share of the remaining assets. Furthermore, divorce and domestic abuse findings can lead a judge to increase spousal support (alimony) to help the victim achieve financial independence from their abuser.

To prove domestic violence allegations in divorce, SJKP LLP compiles a comprehensive evidence file including:

• Police Reports and Arrest Records: Objective third-party documentation of incidents.
• Medical Records: Photographs of injuries and hospital reports.
• Digital Evidence: Saved text messages, emails, and voicemails showing threats or harassment.
• Witness Testimony: Statements from neighbors, teachers, or family members who witnessed the abuse or its aftermath.

While genuine victims must be protected, the court is highly sensitive to false allegations. If a party is found to have fabricated abuse to gain an advantage in custody, the judge may severely penalize them, potentially resulting in the loss of their own custodial rights. SJKP LLP applies a resilient legal shield for those wrongly accused while maintaining a relentless pursuit of the truth for actual victims.

In a protective order and divorce scenario, any violation by the abuser( even a minor text message) must be reported immediately. Failure to report violations can signal to the court that the danger has passed, potentially weakening your case for permanent sole custody.