How Do I Approach My Divorce Involving Domestic Violence?

If you petition for a divorce from your spouse with a Tennessee family court, you may cite cruel or inhumane treatment as the fault grounds. Notably, domestic violence easily falls under this category. So please continue reading to learn how to approach your divorce proceedings if domestic violence is at the forefront of your case and how one of the experienced Clarksville domestic violence lawyers at Fendley and Etson can help you get the temporary, emergency protection you so desperately need at this time.

What constitutes domestic violence in the state of Tennessee?

We would like to start by saying that, without question, we believe your claims that your spouse has severely mistreated you and your children throughout your marriage. We just ask that you are most definite that your experience can be categorized as domestic violence under Tennessee law. This is because such a claim may negatively affect your spouse in your divorce case (i.e., limit their custody rights, heighten their support payments, etc). What’s worse, though, is that it may even lead to criminal consequences against your spouse, such as up to 11 months and 29 days in jail and up to $2,500 in fines for a first-time offense.

With that being said, Tennessee law defines domestic assault as the intentional, knowing, or reckless causing of bodily injury to a victim; placing a victim in fear of imminent bodily injury; or causing physical contact with a victim that a reasonable person would regard as offensive. Domestic violence, though, may even expand to forms of mental and emotional abuse. Nonetheless, below are specific examples that may resonate with your experience:

• One person physically strikes or threatens to strike another person.
• One person may threaten the death of another person or their loved ones.
• One person continually makes offensive remarks or screams at another person.
• One person manipulates another person into limiting their social interactions with others.
• One person forces another person into any nonconsensual acts of a sexual nature.

How should I approach my divorce proceedings if domestic violence exists?

On average, a litigated divorce in the state of Tennessee takes between 18 months to two years to finalize. But you and your children should not be subject to your spouse’s physical, mental, or emotional abuse during this time. Rather, you should petition the Tennessee family court for a temporary restraining order. Here, the judge may use their discretion in determining what order. For example, they may order your spouse to vacate your family home if you still live together. Or, they may order your spouse to keep a certain physical distance from your home, your workplace, and your children’s schools. Lastly, they may ban your spouse from possessing or purchasing firearms for the time being.

Once you have the relief of a temporary restraining order, you may focus on preparing your case for a long-term restraining order. This may require you to collect sufficient evidence to present at a full hearing. But overall, this may further support the fault grounds you are citing in your ongoing divorce proceedings.

To better understand your legal rights in the matter at hand, please seek the advisement of one of the sound and skilled Clarksville family lawyers. Please feel confident in knowing that our team at Fendley and Etson has significant experience in handling legal cases just like yours. So call us today.