Navigating a divorce and answering questions of child custody is tough enough when a couple is separating and filing for a dissolution of marriage. When you add emotional, psychological, or physical abuse to the mix, the questions that can arise during your divorce can be even more complex. If you are planning to leave a partner who has been either physically, emotionally, or verbally abusive with you, it is important to take steps to protect yourself and your children. You may be considering getting a restraining order. While a restraining order may require that your former partner move out of the family home and may require that your former partner not contact you or your children, a restraining order cannot physically protect you from a partner who decides to get violent. If you are concerned for your safety or for the safety of your children, it is important that you get help and that you have a plan of action in place before you leave your marriage. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you understand the legal implications of filing a restraining order. Our firm can help you understand how a restraining order might affect your divorce and your child custody case. When filing for a restraining order during a divorce, it is incredibly important that it be properly supported because emotionally abusive partners have been known to turn the tables on partners, claiming parental alienation when victims have tried to protect themselves.

If you are concerned for your immediate safety, consider reaching out for help and support as soon as possible. The National Domestic Violence Hotline is an excellent resource that can help you today and the organization can be reached at 1-800-799-7233. If you have legal questions about leaving an abusive marriage, contact the Hayes Law Firm Upstate Attorneys, LLC today.

What is Abuse and Domestic Violence?

What makes abuse and domestic violence so insidious is that victims may not always realize when they are caught in the cycle of abuse. Cycles of domestic violence and abuse are often related to dynamics of power and control. Victims may not always realize how controlled they have become by their partner.

What does domestic violence and abuse look like? Domestic violence and abuse can take on many forms. The National Domestic Violence Hotline notes that abuse can involve many different aspects of a person’s relationship, including:

• Intimidation
• Emotional Abuse
• Isolation
• Minimization and Denial or Blame
• Economic Abuse
• Coercion and Threats
• Using Children

Intimidation can involve threats, destroying property, hurting pets or animals, or displaying weapons. Emotional abuse often involves put-downs, name-calling, humiliation, or making a partner feel guilty for her thoughts, feelings, or for setting boundaries. Isolation is a form of abuse because it can lead to a partner taking control of where his or her partner goes, who he or she sees, and it can lead to limited social supports when a partner tries to leave an abusive relationship. The dynamics of an abusive situation may involve minimization or denial and blame. An abusive partner might blame his or her partner for the abuse.

An abuser may also use children to control his or her partner. He or she may threaten to take the children if the marriage ends. It is important to remember that the courts generally grant parents shared custody of children and only in very rare cases will a parent lose all visitation rights to their children. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers who can help you navigate the challenging questions that can arise in a divorce in which there is abuse, violence, or control.

If you are leaving an abusive marriage and your former partner has controlled the finances, and you are wondering how you can take control of your life again, you may have a range of options under the law. Marital assets are often shared assets, meaning that you may have access to money and financial resources should you get divorced. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you navigate the financial, legal, and child custody questions that divorce can raise. We can also assist you with understanding your rights when the time comes for you to break free of your abusive marriage.

Take Back Your Life 

Leaving an abusive marriage requires a great deal of courage. It requires that you change the narrative. The Hayes Law Firm Upstate Attorneys, LLC are divorce lawyers in Greenville, South Carolina who can help you navigate the divorce process when leaving an abusive marriage. We can help you seek a restraining order, help you understand what a restraining order can and cannot do, and assist you with all aspects of your divorce.