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Domestic Violence and...
Domestic violence has a significant effect on determining the outcome in divorce, child custody, and child support. Below are some details pertaining to domestic violence and these issues.
Divorce Remedies
(1) Absolute Divorce
An absolute divorce is a termination of the marriage which allows either spouse to re-marry and settle property claim. While most grounds for absolute divorce require a waiting period of at least one year before a spouse can file for an absolute divorce, the “domestic violence grounds,” or what can be considered such grounds, i.e., cruelty and excessively vicious conduct, allow the battered spouse to file immediately for divorce without any statutory waiting period.
(2) Limited Divorce
A limited divorce, in Maryland, is essentially a form of legal separation. Obtaining a limited divorce does not bar a spouse from obtaining an absolute divorce on any ground. A battered spouse who files for a limited divorce can obtain the following relief in addition to the judgment of limited divorce itself:
(1) A restraining order to keep the abusing spouse from returning home, harassing, or abusing him or her or his or her children
(2) Temporary award of child custody and support
(3) A temporary visitation schedule with provision to protect safety
(4) A temporary use and possession of the family home, family car, and/or family home furnishings
(5) Temporary support order for the battered spouse
(6) A determination of ownership of personal property
(3) Use of protective orders in divorce cases
Protective orders are prohibited as evidence in any divorce proceeding relating to issues regarding the divorce such as alimony and monetary awards. As to child custody and visitation issues, since the court must look at all the evidence regarding abuse against the parent, protective orders are allowed as evidence.
Alimony
Alimony is maintenance provided by either spouse given to either spouse usually due to the termination of marriage (a limited or absolute divorce or an annulment).
Pendente Lite Relief
Pendente lite relief can be ordered immediately for a domestic violence victim if there are extraordinary circumstances that warrant such relief. Examples of extraordinary circumstances include: the party with the children living in a shelter, support payment not being made, foreclosure notice received, no visitation or visitation withheld, and children removed by the abuser.
Child Custody/Visitation
Emergency Custody Proceeding
Emergency custody proceedings are most appropriate where there is a likelihood of child snatching by a parent or a Protective Order is about to expire. Without a custody order, a parent can unilaterally remove a child from school, police will not be allowed to act if the parent disappears with the child, and a parent cannot take advantage of various investigative mechanisms available. Therefore, if a parent requires immediate custody relief, the parent should try to obtain, through his or her lawyer, an Initial Order of Protection Against Domestic Violence. If that is not possible, then a parent can obtain an emergency custody order by filing a complaint for emergency custody.
Further Information on Domestic Violence:
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