Protective orders do more than keep abuse survivors safe – they can also make a big difference in fault-based divorce cases. If you’re planning to end your marriage, here’s how these orders can affect your case:
Protective orders as evidence
In a fault-based divorce, one spouse must prove the other is responsible for the marriage’s breakdown. In Virginia, cruelty and constructive desertion are some of the fault-based grounds for divorce. Protective orders create an official record of domestic abuse claims, serving as key evidence in these cases.
When a judge issues a protective order, it shows that the court has reasons to believe abuse occurred. This may be important in a divorce case for several reasons:
- It can establish a pattern of behavior: Multiple protective orders or violations of existing orders can show a pattern of abusive behavior, making a stronger case for fault-based divorce on the grounds of cruelty.
- It can support other evidence: Protective orders can support other evidence of abuse, such as police reports, medical records or witness statements.
- It can show the severity of the situation: The need for immediate legal action, such as a protective order, can show how serious the abuse was.
While protective orders are strong evidence, they are not conclusive in divorce cases. The court will look at all available evidence and circumstances when making its decisions.
Impact on child custody decisions
Virginia courts place the child’s best interests first when making custody decisions, with the law clearly stating family abuse is a factor to consider. When a protective order is in place, the court may take steps to ensure the child’s safety and well-being. These may include:
- Requiring supervised visits, where a neutral third party oversees interactions between the abusive parent and the child.
- Restricting access, reducing the abusive parent’s time with the child or setting specific conditions for visits.
- Giving sole legal and physical custody to the protected parent.
The exact arrangements will depend on the specific details of each case.
You deserve support
Protecting yourself is an act of courage, and you have the right to make informed decisions about your path forward. Don’t hesitate to reach out for the professional support you need and deserve.
