Washington Domestic Violence Lawyer
Domestic violence in Washington, and throughout Pennsylvania, is persistent and impacts families in a number of ways now, and in the future. While domestic violence is incredibly damaging for survivors, it is just as harmful when a person is falsely accused. Below, our Washington domestic violence lawyer explains how abuse can impact a divorce case.
Understanding Domestic Violence in Washington
Generally speaking, domestic violence refers to any abusive act committed by one family or household member against another. In some cases, behavior that does not involve physical contact can also be considered domestic violence. This can include emotional abuse, financial abuse, stalking, and isolation. Domestic violence charges may apply in certain situations, including:
- When a couple breaks up after sharing a child together
- When a roommate acts violently towards another roommate
- When a couple no longer resides together due to legal separation or divorce but one of them continues to experience domestic violence
In cases that involve accusations of domestic violence, survivors can prove their case in a number of ways. Physical evidence such as photographs of injuries, eye witnesses who may have seen or heard the abuse, and expert witnesses who examined the survivor or analyzed certain facts of the case are a few types of evidence that can help prove a case.
How Domestic Violence Impacts the Waiting Period on Divorce
Like many other states, Pennsylvania law places a waiting period on all divorces. The waiting period can extend anywhere between 90 days and one year. When domestic violence is involved in a marriage and subsequent divorce case, however, waiting the required amount of time can be dangerous. Survivors of domestic violence can obtain a Protection From Abuse (PFA) order. This order can prohibit the violent spouse from visiting the family home or coming within a certain distance of the survivor.
In other cases, a family law judge may waive the waiting period for divorce when domestic violence is involved.
How Domestic Violence Impacts the Terms of Divorce
During any divorce case, there are a number of terms the couple must resolve. All of these issues can be impacted by domestic violence in a number of ways. If the domestic violence survivor was prohibited from working during the marriage they may be awarded more in alimony or property division. This is intended to help the abused spouse become financially independent and help them get back on their feet.
Additionally, when the courts make decisions about child custody, they will only consider the best interests of the child. Even if a child is not the victim of domestic violence, it is likely that they will be subjected to it if the abuser is awarded custody. As such, any perpetrator of domestic violence will likely only receive visitation rights and even then, visitation may be supervised. In extreme cases, abusers may be denied visitation altogether.
Our Domestic Violence Lawyer in Washington Can Help During this Difficult Time
If you are divorcing an abusive spouse or you have been unfairly accused of domestic violence, do not go through the process alone. At Bunde & Roberts, P.C., our Washington domestic violence lawyer can guide you through it and provide the strong representation you need to obtain a fair settlement. Call us now at 412-391-4330 or chat with us online to schedule a consultation and to get the legal help you need.
