Domestic violence is an issue of grave concern in the United States, and its effects can be particularly severe for individuals residing in Oklahoma. In this article, we aim to delve into the ways in which domestic violence can profoundly impact an Oklahoma divorce and shed light on the steps individuals can take to safeguard themselves and their legal rights within the state.
Domestic Violence in Oklahoma: A Legal Perspective
Oklahoma unequivocally recognizes domestic violence as a crime. According to Oklahoma Statutes Title 21 Section 644, the state law defines domestic violence as an assault or battery inflicted upon an individual by a current or former spouse, a current or former cohabitant, someone with whom the victim shares a child, or an individual with whom the victim has had a dating relationship.
Those who have experienced domestic violence within the borders of Oklahoma can seek justice within the legal system. One option available to them is filing for protection orders. These orders serve as a temporary respite from the violence by offering legal relief. Victims can obtain protection orders if they can demonstrate that they have experienced harm or been threatened with harm.
The Far-Reaching Effects of Domestic Violence on an Oklahoma Divorce
The specter of domestic violence can cast a profound shadow over a divorce case in Oklahoma, affecting both the legal proceedings and the final outcome of the divorce settlement.
The Determination of Child Custody
Child custody is a paramount concern in any divorce case that involves children. Domestic violence invariably becomes a key factor that judges assess when deciding who should be bestowed with custody rights.
Oklahoma law prioritizes the best interests of the child when determining custody arrangements. Thus, domestic violence is analyzed as a compelling factor that may detrimentally affect a child’s emotional and physical well-being. In some instances, the court may deem it necessary to restrict or even completely prohibit the abusive spouse from having any contact with the children.
Impact on Property Division
Being an equitable distribution state, Oklahoma ensures that all marital property is divided fairly between both parties. However, domestic violence can impact the division of assets if it has burdened one spouse with substantial medical bills or legal fees. Moreover, it may hinder one party’s pursuit of personal or professional goals due to the psychological and physical aftermath of the abuse.
Alimony and Spousal Support Considerations
Domestic violence can significantly influence the amount and duration of alimony or spousal support awarded in a divorce case. Should a spouse have endured domestic violence, subsequently hampering their income-earning capacity or career advancement, they may be eligible to receive more substantial financial support for an extended duration.
The Burden of Proof Dilemma
In any legal proceedings concerning domestic violence, victims bear the burden of proof. This burden entails providing irrefutable evidence to substantiate the allegations against the abusive spouse. Unfortunately, meeting this burden can prove challenging as domestic violence frequently unfolds behind closed doors with no third-party witnesses.
Practical Steps Towards Safeguarding in an Oklahoma Divorce
If you find yourself a victim of domestic violence in Oklahoma and are contemplating divorce, it is crucial to adopt precautionary measures to shield yourself and your legal rights. Here are a few key steps to consider:
Seeking Immediate Protection: In moments of imminent danger, swiftly pursue protection by contacting the police or reaching out to support services catering to victims of domestic violence. Oklahoma offers a multitude of resources designed to aid and assist victims.
Consulting an Experienced Attorney: Soliciting the expertise of a qualified domestic violence attorney can prove invaluable in navigating the complexities of Oklahoma’s legal system and ensuring the protection of your rights.
Documenting and Gathering Evidence: Maintain detailed records of the incidents of domestic violence you have endured, including dates, times, and any resultant injuries. Preserve any relevant communication such as emails, text messages, or phone calls from the abusive spouse.
Acquiring a Protective Order: If immediate danger looms, explore the possibility of filing for a protective order. These orders serve to bar individuals from engaging in abusive or threatening behavior and can provide legal protection for both you and your family.
Considering Mediation: In certain divorce cases, participating in mediation can prove helpful in resolving disputes outside of the courtroom. However, it is of utmost importance to inform the mediator of the domestic violence present and seek advice before engaging in the mediation process.
Conclusion
Domestic violence stands as an indictable offense in Oklahoma, and the consequences of leaving it unaddressed can profoundly impact any divorce settlement, particularly when children are involved. If your life has been marred by domestic violence, it is of utmost importance to prioritize your own well-being and secure your legal rights. We highly recommend consulting a domestic violence attorney, diligently documenting evidence, seeking immediate protection, and taking all necessary legal steps to protect yourself, your family, and your legal rights.