Whether or not there’s a divorce in the mix, people in physical danger need an immediate pathway to safety. Divorce can be a complicating factor. While allegations may be legitimate, they are also often used for posturing. A divorce lawyer experienced with domestic violence can help you determine the best options. Approaches and terminology vary by state, but in Georgia, where I practice, options include filing a temporary protective order (TPO) or addressing domestic violence within the divorce process.
As you weigh how domestic violence might affect your divorce, some critical factors to understand include:
Addressing Domestic Violence in Divorce
When domestic violence is a factor in divorce, the primary legal approaches are filing for a TPO or addressing the issue directly within the divorce proceedings.
- Filing a Temporary Protective Order (TPO):
A TPO is a separate legal process designed to protect individuals in immediate physical danger from their spouse or loved one. Relief is temporary and might include options like barring the alleged abuser from your home or restricting contact with your children.
Courts have seen numerous examples of TPO filings being misused in divorce, so it is important to reserve this option for a genuine threat to your safety. If you are unsure, your attorney can help you decide the best way forward.
- Addressing Domestic Violence within the Divorce Case
In some cases, especially when physical danger isn’t imminent, domestic violence issues can be managed through emergency filings within the divorce process. These filings address custody, property disputes, and safety concerns without necessarily pursuing a separate TPO.
Your safety and the integrity of your case depend on making informed decisions.
Legal Considerations and Challenges
If you are granted a TPO, it comes with consequences for your spouse, including potential impacts to their current and future employment, loss of gun ownership rights, and inclusion in the federal domestic violence database. If your spouse is the primary income earner, this could also impact your future income streams, especially if alimony or child support is included in the settlement.
Balancing Safety and Strategy
Without hesitation–if you are in danger, file for a TPO.
Whether you file or not, domestic violence often escalates tensions in a divorce and can complicate property disputes or settlement negotiations. When children are involved, it can prompt additional legal interventions, such as appointing a child advocate or expert who will work to ensure that the children’s best interests are prioritized. In some instances, filing for a TPO can get the ball rolling on appointing these experts.
False or Misused Allegations
Unfortunately, TPO filings are sometimes used as weapons in divorce cases. Misusing the TPO process, even unintentionally, can backfire, especially if the judge determines the allegations were exaggerated or unfounded. This misuse can severely damage a person’s credibility and the outcome of their case. Judges do not take kindly to false accusations, as they undermine the integrity of the legal process. Aside from the additional expense, reputational damage, and loss of credibility with the court, the judge can opt to have the false allegations noted in future court proceedings, which could impact the outcome of your divorce down the line.
Final Word
Domestic violence adds significant complexity to divorce proceedings, requiring a thoughtful and strategic approach. Whether you are considering filing a TPO or addressing domestic violence within a divorce case, working with an experienced attorney is critical.
Your safety and the integrity of your case depend on making informed decisions. If you are facing these challenges, seek legal advice tailored to your unique circumstances. With the right guidance, you can protect yourself and your loved ones while ensuring a fair and just resolution to your divorce.
