Divorce is a difficult process that can take an emotional toll on anyone. But when domestic violence is involved, it becomes a much more complicated matter. In Oregon, there are specific laws and legal processes that must be followed to ensure the safety of those who have experienced domestic violence. Below, we’ll discuss how to handle divorce and domestic violence in Oregon.
Recognizing Domestic Violence
Domestic violence is a pattern of behavior that is used by one person to gain power and control over another person in a close relationship. It can take many different forms, including physical violence, emotional abuse, sexual assault, economic control, and more. If you’re experiencing any form of domestic violence, it’s important to recognize it and seek help.
Filing for Divorce
If you’ve decided to file for divorce, it’s important to gather all necessary documents and information before getting started. This includes your marriage certificate, financial information, and any evidence of domestic violence. Oregon is a “no-fault” divorce state, which means that you don’t need to prove fault or wrongdoing to get a divorce.
Domestic Violence Restraining Orders
If you’ve experienced domestic violence, you may be able to obtain a restraining order to protect yourself and your children. In Oregon, there are two types of restraining orders: emergency restraining orders and permanent restraining orders.
Emergency restraining orders can be obtained quickly and without notice to the abuser. They are valid for up to thirty days and can be extended if needed.
Permanent restraining orders require a hearing and notice to the abuser. They can last for up to two years and can be renewed if needed.
Child Custody and Visitation
If you have children and are getting divorced, it’s important to consider their safety and wellbeing. If there has been any domestic violence, the court will consider this when making decisions about child custody and visitation. The court may order supervised visitation, limit or restrict visitation with the abusive parent, or award sole custody to the non-abusive parent.
Hiring a Divorce Attorney
Navigating the legal system can be difficult, especially when dealing with domestic violence and divorce. Hiring a divorce attorney can help you understand your rights and options, and ensure that your safety is taken into consideration throughout the process.
Accessing Support Services
It’s important to remember that you’re not alone and that there are many resources available to help you during this difficult time. Oregon has many support services available for those who have experienced domestic violence, including shelters, hotlines, counseling services, and legal aid.
Conclusion
Divorce is never easy, and when domestic violence is involved, it can be even more complicated. If you’re considering divorce or have experienced domestic violence, it’s important to understand your legal rights and options. Reach out to support services and consider hiring a divorce attorney to help guide you through the process and ensure your safety.