Divorce proceedings can be messy and difficult, especially when allegations of domestic violence come into play. In Oklahoma, a court may consider the presence of domestic violence in its decision-making for divorce proceedings. Understanding how these factors affect your rights and responsibilities when going through a divorce is important.
Domestic violence has far-reaching implications beyond just criminal charges. It can also impact your divorce settlement or even custody arrangements. At Parsons, Graham & Day, LLC, we are committed to helping those involved in divorces navigate this complex landscape with confidence and clarity. Let us help you understand the impact that domestic violence has on Oklahoma divorce proceedings so you can make informed decisions about your future.
What Constitutes Domestic Violence in Oklahoma?
Domestic violence is a serious issue that can lead to divorce proceedings. In the state of Oklahoma, domestic violence is defined as an act or threatened act of violence – not including defensive measures to protect oneself – that results in physical harm or fear of imminent physical harm among family, current/former partner, or household members. Domestic violence also includes any forceful detention, sexual assault, stalking, and/or certain kinds of harassing behavior.
Survivors of domestic violence can go through various reactions, including confusion, fear, disbelief, shock, anger, and shame. Survivors may also experience physical injuries or psychological trauma, such as post-traumatic stress disorder (PTSD). They might feel isolated and powerless to escape their abuser’s control. In addition to the physical and emotional harms caused by domestic violence incidents, survivors may face economic challenges in many areas of their lives, from housing insecurity to getting time off from work for court appearances or medical appointments. Our firm is committed to providing resources and support for domestic violence survivors throughout the divorce process.
How Impactful is Domestic Violence for Divorce Proceedings?
Regarding divorce proceedings in Oklahoma, domestic violence can have an incredibly damaging impact on the outcome for all parties involved. Courts typically consider domestic violence when making decisions regarding child custody or visitation rights, division of assets and debts, spousal support orders, and other issues that arise during the divorce process.
Below are several key points that illustrate how domestic violence can affect a divorce proceeding:
- Victims of domestic violence may accept unfavorable terms to protect themselves from further harm
- Courts generally side with victims in domestic violence cases when making decisions about child custody
- Victims can be awarded additional financial compensation if their abuser has caused damage to property or withheld income
- Emotional or psychological abuse survivors may receive additional counseling services as part of their divorce settlement
It is vital for those facing a divorce due to domestic violence to understand their rights under Oklahoma law. Victims should seek legal representation from a qualified attorney who will ensure they receive fair treatment in court. Victims also need to document any evidence of abuse and keep track of reports made about their abuser. Documentation such as this can help support a victim’s case in court and make it easier for them to achieve justice.
Do I Need a Lawyer for My Divorce When Domestic Violence is Involved?
Having an experienced lawyer on your side when going through a divorce due to domestic violence can help ensure that the survivor or parent is not taken advantage of in court. A lawyer can help protect your rights and guide you through the process of seeking custody rights, spousal support, and other necessary arrangements.
A lawyer from our firm can assess any evidence brought forward by the domestic violence survivor or parent and argue for their case during the divorce proceedings. They can also provide legal advice regarding issues such as child custody, visitation rights, division of assets and debts, spousal support orders, and protective orders.
Divorce proceedings due to domestic violence are often highly emotional for all parties involved. Having a knowledgeable legal representative who understands these traumatic situations can be extremely emotionally and financially beneficial. At Parsons, Graham & Day LLC, we know what it takes to successfully navigate divorces that involve allegations of domestic violence. Let us help you get through this challenging time so you can focus on building a brighter future for yourself and your family. Call us at 918-553-5771 today.