Annapolis Domestic Violence Lawyers
Divorce is never easy, but when domestic violence is involved, the stakes are even higher. If you are facing divorce in Annapolis and domestic violence has played a role in your marriage, securing experienced legal representation is essential. At Oliveri & Larsen, our dedicated Annapolis domestic violence lawyers are committed to protecting your rights and ensuring your safety throughout the divorce process.
How Does Domestic Violence Affect Divorce in Maryland?
Domestic violence can have a significant impact on divorce proceedings in Maryland. While Maryland is a no-fault divorce state, meaning neither spouse needs to prove wrongdoing to end the marriage, domestic violence can be a crucial factor in contested divorces. A history of abuse can influence decisions regarding child custody, spousal support, and even the division of marital assets. Courts prioritize the safety and well-being of spouses and children, and evidence of abuse can shape the outcome of a divorce case.
Can Domestic Violence Be Grounds for Divorce in Maryland?
Yes, domestic violence can serve as a ground for divorce in Maryland. While many divorces proceed under the state’s no-fault provisions, Maryland law allows for a fault-based divorce in cases involving “cruelty of treatment” and “excessively vicious conduct.” These grounds apply when one spouse has inflicted physical harm, emotional abuse, or threats of violence on the other spouse or children. Filing for divorce under these circumstances can sometimes expedite the process compared to waiting for a no-fault separation period.
How Can a Protective Order Help During a Divorce?
Victims of domestic violence can seek protection through Maryland’s protective order process. A protective order, also known as a restraining order, can provide immediate legal protection against an abusive spouse by prohibiting contact, removing the abuser from the marital home, and granting temporary custody of children. Protective orders can be used as evidence in divorce proceedings to demonstrate the need for sole custody or restricted visitation.
How Does Domestic Violence Impact Child Custody?
Maryland courts prioritize the best interests of the child when making custody determinations. If domestic violence has been a factor in the household, the court will carefully evaluate whether a parent poses a risk to the child’s safety and well-being. Evidence of abuse may lead to sole custody for the non-abusive parent, supervised visitation for the abusive parent, or, in extreme cases, termination of parental rights. Courts will consider police reports, protective orders, medical records, and witness testimony when determining custody arrangements.
What Legal Protections Are Available for Victims of Domestic Violence?
Victims of domestic violence have several legal protections available under Maryland law, including:
- Protective Orders: These orders can restrict an abuser’s ability to contact, harass, or approach the victim.
- Emergency Relief: Courts can grant emergency protective orders that take effect immediately.
- Temporary Custody Orders: A judge can issue an order giving the victim temporary custody of children to ensure their safety.
- Exclusive Use of the Marital Home: A protective order can remove the abusive spouse from the home.
An experienced domestic violence lawyer can help you secure these protections quickly and effectively.
Can a Domestic Violence Conviction Affect Property Division?
While Maryland follows equitable distribution laws when dividing marital property, domestic violence can influence how assets are divided. If an abusive spouse’s actions have caused financial hardship or emotional distress, a judge may award a greater share of marital assets to the victimized spouse. Additionally, if domestic violence involves economic abuse, such as withholding money or financial resources, this could further impact the division of assets in a divorce.
How Can Oliveri & Larsen Help in a Domestic Violence Divorce?
At Oliveri & Larsen, we understand the complexities of divorces involving domestic violence. Our Annapolis domestic violence lawyers will:
- Help You Obtain Protective Orders: We assist clients in securing protective orders to ensure their safety and the safety of their children.
- Advocate for Custody and Support: We work to ensure that child custody and support arrangements reflect the best interests of the children and protect them from harm.
- Fight for Fair Asset Distribution: If your spouse’s abusive behavior has caused financial hardship, we will advocate for a fair division of assets.
- Provide Compassionate Legal Guidance: We understand the emotional and psychological challenges that come with divorcing an abusive spouse, and we provide the legal support you need to move forward.
What Should You Do if You Are Experiencing Domestic Violence During a Divorce?
If you are experiencing domestic violence while going through a divorce, take the following steps:
- Seek Immediate Safety: If you are in immediate danger, call 911 and seek shelter. There are domestic violence shelters in Annapolis that can provide a safe place to stay.
- File for a Protective Order: This will provide legal protection against your abuser and establish boundaries for contact and residence.
- Document the Abuse: Keep records of any incidents, including medical reports, police reports, text messages, and witness statements.
- Work with an Experienced Lawyer: A domestic violence lawyer can guide you through the legal process, ensuring your rights are protected.
Contact the Annapolis Domestic Violence Lawyers at Oliveri & Larsen for Assistance During This Difficult Time
If you are facing a divorce involving domestic violence in Annapolis, you do not have to go through it alone. The Annapolis domestic violence lawyers at Oliveri & Larsen are here to protect your rights and help you navigate the legal complexities of your case. Call 410-295-3000 or contact us online for a consultation. Located in Annapolis, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.