It takes a lot of courage to leave a relationship that is abusive and painful to continue. However, this is only the first step. When your divorce involves domestic violence, you may end up facing a complicated legal scenario. Furthermore, the pain you endured during this whole time can make matters worse for you. In this article, you will learn about the legal protection available for the survivors of domestic violence, along with valuable resources that will provide robust support to them during these tough times. You will also understand various aspects involved in the legal protection you will be getting during your divorce, such as domestic violence and how a Domestic Violence Lawyer can help you in your divorce battle.
What is Domestic Violence?
Also called spousal abuse or family violence, domestic abuse is an act or threat of violence between intimate partners or family members. It can be in any form, for example physical, sexual, emotional, psychological, or financial abuse. The New Divorce Act in Canada identifies the broader aspect of domestic violence and the coercive and controlling behaviour involved in it that causes fear for safety. You can consult a lawyer who will explain it in a better manner, helping you understand the complexities involved during the divorce procedures.
What are the Legal Protections You Can Get During a Divorce?
The legal system in Canada offers several facilities of protection during a divorce due to domestic violence. Here are some prominent things you can do to protect yourself, given below:
- Safety: If you feel yourself to be in imminent danger, you can call the police. They can take the abuser out of your surroundings and help you get in touch with emergency shelter resources for further protection.
- Restraining Order: A protection order, which is also called a restraining order, will prevent your abuser from contacting or coming near you or your children. A lawyer who has wide experience in domestic abuse can help you obtain a restraining order, keeping you safe.
- Revelation of the Abuse: While discussing your case with your lawyer, you need to be clear with them about the abuse you have endured. Evidence of domestic violence can influence the decisions regarding child custody, spousal support and division of property at a significant rate. Things like police reports, medical records, photos, statements from witnesses and history of communication can act as evidence.
- Family Violence and Arrangements for Parenting: The safety and well-being of the children are the biggest priorities of the court when they make parenting arrangements. If there is a history of domestic violence, the court can deny or limit the abuser the sole custody and visitation rights.
- Financial Independence: Your spousal support can also be increased or extended to compensate for the financial vulnerability you have experienced due to the abuse.
How Can a Lawyer Help You During the Divorce Proceedings?
A lawyer who has experience in handling various cases involving domestic violence can help you protect your rights and explore the complexities of a divorce. Here is how they can be helpful for you:
- Safety Planning: The lawyer will help you create a safety plan that will effectively lower the chances of further abuse, including strategies for communication with your abuser to keep the surroundings safe and secure for you and your family.
- Obtaining Restraining Orders: A lawyer will guide you through the process of getting a restraining order, which will ensure your needs and requirements are effectively addressed.
- Collecting Evidence: Your lawyer will also offer advice on collecting and presenting the evidence of domestic violence. It will strengthen your case further.
- Negotiating and Representing You in Court: The lawyer can negotiate with your abuser’s legal representatives on your behalf or represent you in court to get favourable judgment regarding child custody, spousal support, and property division.
- Understanding Your Rights: A lawyer will explain your legal rights and ensure you understand the legal implications of each decision you make during your divorce battle.
- Emotional Support: Lawyers who are experienced in handling domestic violence cases understand the emotional toll that the abuse has taken on the victims and survivors. They will provide a supportive and empathetic environment that will help you out during the divorce proceedings.
How to Find the Right Lawyer for Your Requirements
There are many legal aid organizations that offer free or low-cost legal assistance to people who have suffered domestic abuse. Here are some resources that will help you find a lawyer with significant experience. Given below:
- The Canadian Bar Association Referral Service: This service will connect you with a legal expert specializing in family law and domestic violence. You just need to select the one who has considerable experience in handling such cases.
- Territorial or Provincial Law Societies: There are many law societies in each province or territory that maintain lawyer referral services. You can consult any one of them and get in touch with a legal expert who will help you in your divorce battle.
- Women’s Shelters: You will find a lot of women’s shelters that offer legal assistance and will refer you to a qualified lawyer.
- Public Legal Education Associations: These are the organizations that provide legal information and knowledge. They will also refer you to an experienced lawyer.
Additional Resources for Survivors
Apart from legal support, you can also consult various resources that will help you recover from all the abuse you have undergone and rebuild your life. Some of them are:
- Shelters.
- 24×7 Crisis Support Lines.
- Counselling Services.
- Financial Assistance Programs.
Conclusion
Domestic violence leaves a long-lasting impact on the survivors and their mental health. They have to suffer a lot of trauma at the hands of the abuser, which can really destroy their lives. However, with the help of some legal aid, they can make some much-required changes, which will help them set themselves free from these unwanted bonds. Furthermore, lawyers can also help the victims safeguard themselves and ensure their rights are respected during the divorce proceedings. In addition to that, You can also ensure your future and financial security is safe and thriving after a divorce with the help of the legal support that is showcased above.
