Divorce often comes about as the result of domestic violence. When your divorce lawyer is aware of your circumstances, he or she can help you file certain motions to protect you and your children, as well as sue for medical and psychiatric treatments that you cannot afford. When your child becomes a victim of domestic violence, you may be wondering what to do next. A divorce lawyer will help in the following ways.
As soon as you and your children can find safe refuge, your lawyer will file a restraining order against your abusive spouse. The order has to be very specific-- it cannot just be a restraining order to keep your spouse away from you, but to keep him or her away from the children. In many states, this is very difficult to achieve since family courts often split custody equally between divorcing parents. However, if your children have been hit or physically abused and the abuse has caused them to frequent the hospital, a restraining order that protects the children is definitely achievable.
If your child is so badly injured by your spouse's actions that your child is in a hospital bed, you have the right to request not only a restraining order to protect your children, but also supervised visits while your child is in the hospital. A police officer may be posted outside your child's room during all visiting hours to ensure his or her safety. Additionally, you can request to have your spouse placed on a "no visitation" list, which prohibits him or her from entering a locked children's wing in the hospital.
Your divorce lawyer can sue for all of your medical expenses, pain and suffering, and mental health expenses in a divorce case involving domestic violence. The major sticking point here is that the judge may decide that both parents, regardless of the horrific circumstances, pay the children's medical bills equally. Your lawyer can argue on your behalf that you and your children would not have these bills if your spouse had not acted out violently. The judge may then be willing to force your spouse to pay all of the expenses.
Protecting Your Children While They Are at School
Unless you have documents that legally request a school to call you or make contact with you in the event that your spouse tries to visit the children at school, your spouse can stop by the playground during recess and hover while your children are at play. Because you cannot legally withhold your children from their education to protect them from your violent spouse, your lawyer has to look for other means to keep them safe. If you think that your children could be in danger of being kidnaped by their own father or mother, then your attorney can help you obtain a restraining order against your spouse that the school has to enforce while your children are at school.
For more information about how to handle domestic violence and divorce, contact your attorney. One attorney that offers divorce services is Dianna Harris, Attorney.Share