Domestic violence is a pervasive and destructive problem in the United States. Kentucky is no exception, with 1 in 3 women and 1 in 7 men experiencing intimate partner violence in their lifetime. This type of violence can not only endanger the safety of those involved but can also complicate any legal actions taken, such as divorce and child custody cases. In this article, we will explore the effect of domestic violence on Kentucky divorce and custody cases.
Domestic Violence and Divorce in Kentucky
Divorce cases that involve domestic violence can be more complex than those that do not. In Kentucky, spouses can file for divorce on either no-fault or fault grounds. Fault grounds include cruelty, which encompasses physical, mental, or emotional abuse. If a spouse can prove fault through evidence of abuse, it may potentially affect the distribution of assets and spousal maintenance, or alimony.
However, filing for divorce on fault grounds can also have negative implications. For one, it can be emotionally challenging to disclose incidents of domestic violence in court. Additionally, it can put the victim at greater risk of retaliation from their abuser. Many victims may seek to file for divorce on no-fault grounds because it requires less evidence and is less contentious.
Despite the challenges, it is important for victims of domestic violence to pursue any legal action that will protect them and their children from abuse. An experienced family law attorney can help victims navigate the complexities of divorce proceedings while addressing their safety concerns.
Domestic Violence and Child Custody in Kentucky
Domestic violence can also have a significant impact on child custody proceedings in Kentucky. The best interests of the child are the primary consideration of the court, and any history of domestic violence or abuse can significantly impact the court’s decision.
Under Kentucky law, there is a presumption against joint custody in cases where there is a finding of domestic violence. If one parent has a history of domestic violence, the court may award sole custody to the other parent. Alternatively, the court may order supervised visitation or require the abusive parent to complete a batterer’s intervention program before allowing unsupervised visits.
It is important for parents who have been victims of domestic violence to document any incidents of abuse and seek the assistance of a family law attorney. An attorney can help parents present evidence of domestic violence to the court and advocate for the best interests of the child.
Obtaining a Protective Order in Kentucky
Victims of domestic violence in Kentucky can obtain a protective order, also known as a restraining order, which can prohibit the abuser from contacting or coming near the victim and their children. A protective order can also require the abuser to vacate the family home, pay temporary support, and surrender firearms.
Obtaining a protective order can be a crucial step in protecting victim’s safety, but it is a civil remedy and does not provide criminal penalties for violating the order. Victims of domestic violence should always work with the police in the event of any further abuse.
Conclusion
Domestic violence can have a profound effect on divorce and custody proceedings in Kentucky. Victims of domestic violence should seek legal assistance to protect their safety, document any incidents of abuse, and advocate for their privacy, financial support, and custody of their children.
An experienced family law attorney can provide support and guidance throughout the legal process, including obtaining a restraining order, filing for divorce and custody, and presenting evidence of domestic violence to the court. With the right legal assistance, victims of domestic violence can safeguard their well-being and the well-being of their children.