Domestic violence not only destroys a marriage but also affects everything that comes after, including divorce and custody decisions. Unfortunately, one in three Utah women (33.6%) experiences sexual violence, physical violence, and/or stalking by an intimate partner in her lifetime.
But the law is on your side. Utah courts treat allegations and evidence of domestic abuse with urgency and care. Knowing how domestic violence and divorce are interconnected can help you protect your rights and make informed decisions.
We will explain how domestic violence affects divorce and child custody in Utah, and what you can do to protect yourself and your children.
Get A Protective Order for Immediate safety
Domestic abuse often threatens your physical well-being. If you are in danger, call 911 immediately. For ongoing safety, you can reach out to the local court and request the judge to issue a protective order. The order protects you and your children both.
Depending on the situation, the order can:
- Prohibit your spouse from contacting you.
- Grant you temporary possession of the home.
- Award you with interim child custody.
These orders are usually sought under Utah’s protective order statutes, often referred to as cohabitant abuse protective orders under Utah Code Title 78B, Chapter 7. A temporary ex parte order can be issued quickly, followed by a full hearing where both sides can be heard.
This order plays a crucial role in shaping the court’s decision about your divorce proceedings and child custody. It may include issues like who stays in the home and where your children reside while a case is pending.
Given how sensitive and complicated domestic violence and divorce can be, it’s best to consult a lawyer first. Reach out to a skilled divorce lawyer who knows how to handle cases involving domestic violence to know your legal options.
How Does Domestic Violence Affect a Divorce Case
When domestic violence is involved, it affects every aspect of your divorce, including child custody, property division, and spousal support. Here is how:
1. Alimony and Fault
Utah’s divorce laws allow courts to consider “fault” when awarding alimony (or spousal support). Fault can include physical harm or causing a spouse to reasonably fear life-threatening harm.
If abuse is proven, a judge may increase or decrease alimony to achieve equity. This is highly fact-specific, but abuse can materially affect support outcomes in a divorce involving domestic violence.
2. Property Division
Another factor where domestic violence and divorce intersect is property division. Utah, like many other states, follows equitable property distribution. While the starting point often feels like a near-equal split, equitable does not always mean equal.
Evidence of serious marital misconduct, especially domestic abuse, can influence how debts and assets are divided. Speaking with a domestic violence divorce attorney can help clear things up.
3. Temporary Orders
Early in a divorce, Utah courts typically issue temporary orders for housing, bills, child support, and parenting time. Credible allegations of abuse may lead to tighter restrictions on contact, clear rules for exchanges, and, in some cases, supervised contact with children. Once again, speaking to a lawyer can help.
4. Child Custody
Utah’s custody laws prioritize what is in your child’s best interest. The state’s legal system typically favors joint legal custody, but that presumption can be rebutted by evidence of domestic violence, spouse abuse, or child abuse.
In other words, proven domestic violence and child custody don’t mix. Domestic abuse can eliminate the usual starting point for shared decision-making. So, if you are wondering, “Can I get full custody after domestic violence?” the chances are, you might.
Courts may award sole legal and/or physical custody to the non-abusive parent to safeguard the child’s health, safety, and emotional welfare. It also determines long-term parenting structures. This may include:
5. Supervised Parent-Time
If a court believes a child or the other parent could be at risk, it can order supervised visits, require exchanges at a police station or visitation center, prohibit substance use before visits, require completion of domestic violence or parenting classes, and enforce strict no-contact rules between parents.
6. Protective Orders and Parenting Plans
Protective orders can include temporary custody directives and exchange protocols. In divorce, parenting plans can formalize “parallel parenting” to reduce conflict and contact.
7. Impact On Relocation
You can relocate with your kids after a divorce. But domestic abuse may impact relocation requests. Courts will weigh safety needs, the history of violence, and the child’s best interests if a parent wants to move.
What Evidence Do You Need to File for a Divorce After Domestic Violence
If you are filing for a divorce after domestic violence, you will need to submit supporting evidence. Your lawyer can help you decide which evidence your case needs depending on your situation. But it typically requires:
- Police reports, 911 recordings, and criminal case records.
- Medical records, injury photos, damage photos, and dated journal entries.
- DCFS (child welfare) reports if children were present or harmed.
- Texts, emails, voicemails, social media messages, and witness statements.
- Prior protective orders, safety plans, and shelter records.
Even if there are no police reports, consistent and credible testimony, corroborated by messages or witnesses, can be persuasive. If you have obtained a protective order, comply with it strictly; judges weigh follow-through and credibility heavily.
Work with The Right Legal Team
Divorce proceedings involving domestic violence can be complicated. It’s best to hire a seasoned domestic violence divorce lawyer to help you gather and present sensitive evidence. They can help you prepare your case, secure protective orders, and file the necessary paperwork.
When you hire a lawyer, think about:
- Experience with Utah custody factors and protective order hearings.
- Comfort using emergency motions and temporary orders to secure safety.
- Ability to coordinate with victim advocates and local shelters.
- Clear plans for evidence gathering and witness preparation.
Taking early steps in a domestic violence divorce can help you stabilize housing, protect children, and shape the long-term outcome. Protective orders, temporary custody, and well-documented evidence typically influence final rulings.
Waiting too long can endanger safety and weaken your legal positioning. However, decisive, documented action, with the help of a capable domestic violence divorce lawyer, can protect you and your children.
Final Thoughts
Domestic abuse changes everything related to your divorce proceedings. It affects property division, child custody, spousal support, and parenting time. With a clear plan, legal support, and a careful approach to evidence, you can protect your rights. Speak with an attorney as soon as possible to know your options.
At Jeremy Atwood Law, we help clients across Utah get through complicated divorce cases, including those with domestic violence. We can help you protect your rights and children. Call (801) 682-5234 or fill out our online form to book your free consultation.
