Filing for Divorce Due to Domestic Violence Through an Attorney in Manhattan, KS

Posted By : Aubrey Mead , on Apr, 2016

 

Kansas divorce cases may involve domestic violence, which could present a critical need for protection during the process. When this happens, the victim needs an attorney in Manhattan, KS to represent them and manage their case so they can remain safe.

Documenting Domestic Violence

Domestic violence is a criminal offense. When a spouse is attacked, they must contact law enforcement immediately so the state can charge their attacker formally. This allows them to acquire documentation for their case. At the beginning of the divorce, documentation helps the victim gain the protection they need to prevent further injuries. They could also present this evidence to identify a risk to their children.

Gaining the Benefits of a Protection Order

The court may issue a protection order when a spouse is in danger of domestic violence. This order prevents further contact between the victim and their attacker. It prohibits the defendant from visiting areas in which the victim works, lives, or visits often. The terms of the order present further restrictions such as avoiding alcoholic beverages or other activities that could increase risks to the victim. If the defendant violates the order, they will face additional criminal charges.

How Protection Order Violations Affect Custody

Violations of the protection order could present a further risk to the victim and their children. The court evaluates the level of risk to determine how they could affect the child. If the defendant continues to participate in dangerous activities such as alcohol or controlled substances abuse, the court may rule in favor of the petitioner. If these risks are associated with additional criminal activities, the judge may award sole custody to the petitioner.

Kansas divorce cases in which domestic violence is present could require additional steps. In these proceedings, a criminal case could determine concepts such as child custody. They could also determine a need for a protection order to keep the victim safe from additional injuries. Petitioners who need assistance from an attorney in Manhattan, KS should contact the Oleen Law Firm or visit our website for additional information about these proceedings.

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