How Domestic Violence Impacts Divorce And Child Custody In Maryland

Dealing with legal processes of divorce and child custody is never easy. However, if you have an abusive spouse and you are trying to divorce them, your life and your children’s lives could quite literally be on the line. 

When you are divorcing from a domestic abuser, you need to take the safety of yourself and your children into account, which means that you need to use whatever legal means necessary to protect yourself. 

The lawyers of Z Family Law have years of experience fighting for the rights of clients who have faced terror and pain within their marriages, and we have helped lead them to happier, empowered new lives. We understand how domestic violence is handled by the court, as well the moves you need to make to separate yourself from your abuser for good. 

We have created this blog so that you can understand how to get the process started and protect yourself and your loved ones. Read on to find out how you can begin the journey to a better tomorrow and work toward a more secure future - your new beginning! 

Disclaimer: This article is current as of August 2024, and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today.

Understanding Legal Definitions Of Domestic Violence 

Maryland law defines domestic violence as, “the mistreatment of one family member or intimate partner by another. The abuse can be physical, sexual, verbal, emotional and psychological.” There are many forms that these types of domestic violence can take, including but absolutely not limited to:

• Beating, hitting, kicking, and other types of physical violence
• Rape, forced impregnation, groping, and revenge porn
• Threats against you, your property, your family, or your pets
• Controlling behavior such as deciding who you can and can’t speak to
• Stalking
• Controlling your finances
• Yelling, cursing, and put downs

Again, there are a huge range of behaviors that can constitute domestic violence. If you are being abused and you fear for your own wellbeing or that of your child, the first thing you need to do is make sure that you are safe. 

Your second most pressing step is to create a legal strategy with the help of your qualified counsel. Whatever type of abuse you are experiencing, it can have an impact on your divorce and child custody proceedings. In order for your claim to be effective in court, you will need to provide proof for your allegations, which is why you should be prepared with at least some of the following:

• Relevant photographs or video, such as images of the injuries you suffered
• Medical and police reports
• Testimony from witnesses, friends, family, police, and medical personnel
• Relevant texts, emails, and voicemails
• Entries from your personal journal or other record of abusive incidents
• Investigation and findings from Child Protective Services
• Your own testimony of the abuse you experienced

If you allege abuse in court, the court might conduct their own independent investigation to determine the veracity of your claims. Abuse can be difficult to prove in the absence of evidence, so ensuring that you have as much as possible to corroborate your story can help sway divorce and custody cases in your favor. 

How Does Domestic Violence Impact Divorce?

If you are able to prove domestic abuse in court, it will be relevant to your divorce in a few respects. If your spouse has injured you, hindered you, or otherwise stopped you from reaching your full potential, the court proceedings may focus on making sure you and your children are protected and that you are able to get access to the assets that will allow you to recover a life of independence. 

Depending on the circumstances of your marriage and the abuse you suffered, the court might decide to take one or more of the following measures: 

• Protective orders: If your spouse is a threat to you as you seek divorce, there are levels of protective orders that can cover you in an emergency. These orders provide short-term coverage so that your spouse cannot contact you and, if you live with them, they must leave your home. If you have children together, these orders can also include emergency custody so that you will retain possession of your kids. (You can also get these for pets!). 
• Alimony: Also known as spousal support, alimony can be awarded to a victim of domestic abuse if the court recognizes that the actions of the abuser has prevented you from obtaining or keeping a job, controlling your own finances, or building up a meaningful work history. In order to allow you to get back on your feet and achieve independence, a judge might choose to award you alimony.
• Asset division: Based on this same line of logic regarding your ability to support yourself, a court might decide that you are entitled to a greater portion of the assets in order to more comfortably support yourself. 

How Does Domestic Violence Impact Custody? 

When it comes to deciding child custody arrangements, accusations of abuse are taken very seriously by the court. In addition to the already discussed protective orders, which can serve to protect your children in addition to protecting you, your abuse allegations are likely to affect these areas of child custody: 

• Sole custody and/or limited visitation: When determining the outcome of child custody cases, the main objective of the court is to make decisions that are in the best interest of the child. Obviously, the child’s safety is of paramount importance to their best interests, which is why you may be more likely to earn sole custody as opposed to sharing joint custody with your ex-spouse if there has been abuse in the relationship, especially when the child(ren) have witnessed or been the subject of the abuse.
  
  However, if your ex can prove that they do not pose a danger to the child, they might be granted some level of custody. They might also be denied visitation or granted supervised visitation, depending on the circumstances.
• Child support: The amount of child support is determined by a formula that takes into account aspects such as the income of both parents and the particular needs of the child.
  
  If you have been a victim of abuse, especially financial abuse, or if your child was abused, you could be entitled to a greater amount of child support, especially if your child needs therapeutic intervention following the abuse.

Z Family Law Will Help Protect You Through Divorce And Custody

Whatever the circumstances of your divorce, the attorneys of Z Family Law can support you with our qualified guidance and fierce advocacy to get what you need throughout the divorce process. If you have suffered abuse in your marriage, we will mobilize our entire team to help protect you legally, emotionally, and physically. Reach out to schedule a free case evaluation and learn how we can give you the compassionate legal support that will allow you to turn to the next chapter of your life.