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A domestic abuse charge can affect your impending divorce

On Behalf of | Aug 3, 2021 | Criminal Defense

Being charged with domestic abuse in South Carolina is a serious matter, as it is throughout the nation. It can affect your career, reputation, family relationships and the way your friends, boss and colleagues think of you. It’s something that has the potential to follow you for a long time.

A domestic abuse charge also has the ability to impact your marital separation or divorce. For example, a spouse’s temper can erupt quickly and unexpectedly when a couple is in the painful process of parting ways for good. A quiet discussion can suddenly turn into a screaming match that then turns physical. One person intends to lightly tap the other on the shoulder or arm to make a point, but the gesture can become a rough shove. What started as a verbal encounter has clearly escalated into an abusive one.

If you are accused of domestic abuse while you are in the midst of a divorce, you might unable to stay in your home or even worse, kept from being with your kids. If one of the two people in a marriage wants to retaliate against the other, untrue charges of abuse or violence are sometimes brought, leading to a messy legal situation.

What constitutes abuse legally?

Abuse doesn’t just have to be physical. The term can also refer to the following types of conduct:

  • Infringing on a person’s freedom
  • Harassment
  • Causing a dependent to feel intimidated

If one person in the divorce case accuses the other of domestic abuse, an emergency order of protection can be issued by a judge. The accused individual will then probably have to move out of the couple’s home and stay away from their soon-to-be ex-spouse and kids. The order of protection could have a profound effect a battle over who gets custody of the children ensues.

This is a situation you may not want to handle alone in hopes of a favorable outcome. Have someone who knows the ropes to advise you.