How To Protect Your Family When Divorcing An Abusive Partner

Divorcing an abusive partner is dangerous; your quest for divorce might send them over the age and make them hurt you or your children more. Take these measures to protect yourself and your children:

Avoid Mediation At All Costs

Mediation has always been hailed as one of the best ways of solving marital disputes due to its non-combative nature. Unfortunately, mediation cannot work if your spouse is combative. This is because mediation relies on the goodwill of both parties; you are expected to be utterly honest and be willing to give and take (as far as your demands are concerned). A spouse who has hurt or is hurting you isn't likely to cede any ground during the negotiations; in fact, they can be deliberately difficult. It's even worse if your partner has been physically abusing you; since you will need to share a table with them during the negotiations, there is nothing to stop your spouse from hitting you then.

Petition the Court for Exclusive Occupancy of the House

It is dangerous to share a home with someone who is abusing you, but you don't have the right to kick your spouse out of the house. However, the court does have the right to kick out your spouse if you can convince the judge that your spouse is dangerous. Therefore, petition the court for an exclusive use of the home to get your spouse out of the home and protect yourself.

Get a Protective Order

If your partner has physical violent tendencies, then you should do everything in your power to keep them away from you. Getting exclusive use of the house may not be able to keep your spouse away from you at all times. For that, you need a protective order from the court. The protective order prevents your spouse from having any contact with you and may even spell out how far your spouse should always be from you. A temporary restraining order will keep your spouse away from your house, workplace, car, children's school and many other places where you have rights.  

Get Temporary Custody of the Kids

If your spouse is abusing you, then it's possible that they may also abuse the kids. Again, you can't just keep the kids away from their parent arbitrarily, so don't do anything before getting the courts approval. Luckily, most courts will grant you temporary custody of the kids if you can prove that being with the other parent threatens the kid's well-being.

If you are in immediate danger, call the police before looking for a lawyer; the police will give you immediate protection. Don't forget to get the help of a lawyer or family law services professional after that to help you with the divorce and secure your long-term protection.