What Can I Do in a Divorce if My Spouse is Being Abusive?

Domestic abuse is a pervasive and devastating issue that affects millions of individuals in the United States. According to the National Coalition Against Domestic Violence, nearly 20 individuals per minute are physically abused by an intimate partner. This equates to more than 10 million victims of abuse each year. The process of divorce can further compound this issue, as tensions run high and emotions become increasingly volatile. In this article, we will explore the relationship between divorce and domestic abuse, and discuss strategies for addressing and preventing further harm during this already difficult time. 

You do not have to face divorce and domestic violence alone; our compassionate team at BKBH is here to help you navigate the legal process and ensure your safety. Call our offices today to schedule a consultation with an experienced abuse attorney. 

Protective Measures: Temporary Restraining Orders and Shelters

Montana courts do not look kindly on any form of abuse, whether it is physical, emotional, or otherwise. Abuse can take many forms, from physical violence and threats to psychological manipulation and control. Recognizing these various forms of abuse is crucial to addressing the issue and taking appropriate action. 

One immediate step you can take to protect yourself and your children from an abusive spouse is to obtain a temporary restraining order. These orders can be obtained with or without notice, depending on the unique facts of your situation. A temporary restraining order can help to provide immediate protection by prohibiting the abusive spouse from contacting or approaching you and your children. 

In addition to seeking a restraining order, there are numerous shelters available that can help protect you and your children from further abuse. These facilities offer a safe haven and support services for victims of domestic violence, including legal assistance, counseling, and resources for finding more permanent housing. 

The Role of BKBH Attorneys in Protecting You and Your Children

At BKBH, our primary goal is to protect our clients and their children from abusive spouses. We understand the complexities and challenges of dealing with an abusive partner in a divorce, and we strive to provide the necessary support and guidance for our clients during this difficult time. 

As experienced abuse attorneys, we can help you with the following: 

  • Obtain a temporary restraining order or other necessary protective orders. 
  • Assist with finding and accessing local shelters and support services. 
  • Advocate for your safety and the safety of your children in court proceedings. 

Protecting Children in Custody and Parenting Time Arrangements

In cases where abuse is a factor, the court will not tolerate any harm to a child. Child Protective Services (CPS) may become involved if necessary, but even in cases where CPS is not directly involved, we can still take action to protect your children. If there are allegations of abuse, supported by evidence, we can advocate for adjustments to custody and parenting time arrangements that prioritize the safety and well-being of the children. 

This may include: 

  • Requesting supervised parenting time for the abusive spouse; 
  • Limiting the abusive spouse’s parenting time to daytime visits and precluding overnight visits; or 
  • Restricting the abusive spouse’s access to the children in other ways, as necessary. 

Each situation is unique, and it is essential to work with an experienced abuse attorney to determine the best course of action for your specific circumstances. At BKBH, we will take the time to understand your unique situation and work closely with you to develop a strategy that ensures the safety and well-being of you and your children. 

Schedule a Consultation with An Experienced Divorce Abuse Lawyer Today!

If you are facing a divorce and dealing with an abusive spouse, it is crucial to seek the help of an experienced divorce attorney. At BKBH, our compassionate and dedicated team is here to support you through this challenging time and help you protect yourself and your children. 

Do not wait any longer to secure the legal representation and support you need. Contact us today to schedule a confidential consultation with one of our experienced divorce attorneys. We will listen to your concerns, assess your situation, and provide you with the guidance and resources necessary to ensure your safety and the safety of your children.