Comprehensive Solutions to Difficult Family Law Issues

Filing for divorce despite spouse’s denial of domestic violence

On Behalf of | May 29, 2024 | Domestic Violence

It takes courage to end a marriage after years of experiencing domestic violence. One reason some women wait so long to file is because they fear no one will believe them.

When one spouse denies domestic violence during a divorce, it can create a challenging and stressful situation. It is important to understand the steps to take and the resources available to protect oneself and ensure a fair process.

Document the abuse

The first step is to document any instances of abuse. This documentation can include photographs of injuries, medical records, police reports and any other evidence that supports the claim. Keeping a detailed journal of incidents, including dates, times and descriptions, can also be helpful.

Gather witnesses

Witnesses can provide important support in proving domestic violence. These witnesses can include friends, family members or neighbors. They can be anyone who has seen the couple arguing or having a physical altercation. It is important to gather statements from these witnesses as soon as possible while their memories are still fresh.

Seek protection

Ensuring personal safety is important. Individuals experiencing domestic violence should consider seeking protection from a court. Protection orders can prevent the abusive spouse from contacting or coming near the other. These orders can provide a sense of security and help prevent further abuse.

Utilize support services

There are many organizations and support services available for individuals experiencing domestic violence. These services can provide emotional support, shelter and resources for safety planning. Hotlines, shelters and counseling services can offer immediate help and guidance.

During the divorce process, presenting evidence of domestic violence is key to countering the other spouse’s denial. This evidence can impact decisions related to child custody, visitation and property division. Clear and organized presentation of evidence can strengthen the case and help the court understand the severity of the situation.