Family law cases involving domestic violence are especially complex and emotionally strenuous. Domestic violence impacts many individuals and families throughout the state, and the emotional, physical, and psychological effects cannot be understated. When domestic violence claims are included in a family law case, like a divorce, it can significantly impact the outcome. It is important to seek a St. Charles family lawyer who understands these complex cases.
Issues of domestic violence should be taken seriously, and proven accusations must ensure that the victims and their children are protected. Unfortunately, some individuals also use false claims as a way to sway family case proceedings in their favor.
All individuals have rights in family law cases, and an attorney can help you protect those rights and advocate for a solution that promotes the safety and well-being of your entire family. Domestic violence claims can affect child custody, support orders, and other aspects of a separation or divorce.
How Missouri Law Defines Domestic Violence
Domestic violence in Missouri law is defined as abuse against or stalking of a family or household member. A family or household member includes:
- Spouses and former spouses
- Individuals related by blood or marriage
- Individuals who live or have lived together
- Individuals who are in or have been in a romantic or intimate relationship
- Individuals who have a child in common
Abuse is defined as the following actions or attempts or threats to take these actions:
- Abusing a pet, including causing or threatening to cause injury to a pet in order to control or distress the victim of the offense
- Assault
- Battery, including with a deadly weapon
- Coercion
- Harassment, which includes conduct over multiple instances that would cause distress to a reasonable person and serves no purpose
- Sexual assault
- Unlawful imprisonment
Stalking is defined as engaging in purposeful and unwanted conduct in multiple instances meant to cause fear of physical harm. This may include actions such as monitoring, observing, threatening, or communicating with the victim.
How Domestic Violence Affects a Family Law Case
In Missouri, you cannot file a divorce on fault-based grounds; however, there are still several ways that bringing forward proof of domestic violence can affect your family law case outcome. This includes:
- Property Division: Missouri operates under equitable distribution laws, meaning the court will review factors in a couple’s marriage when deciding a fair division of property. One of these factors is each party’s conduct in the marriage. Domestic violence will likely result in the spouse who is the victim of the offense recovering more marital assets.
- Spousal Support: The conduct of parties in a marriage is also a determining factor in the amount and duration of spousal support or spousal maintenance if it is awarded. The court may also consider if and how the acts of domestic violence have impacted a spouse’s ability to provide for themselves.
- Child Custody and Visitation: The court upholds the child’s best interests when determining a custody arrangement. Depending on the danger a parent poses to the children, the court may limit their custody, award only supervised visitation, or restrict the parent from custody or visitation entirely. The parent may even have their parental rights revoked in extreme and rare cases.
It is essential to talk with a family law attorney if you are entering a family law case with an individual who has abused you. While not all divorces must go to divorce court, cases involving domestic violence are usually better handled through litigation.
FAQs
Q: What Is the 12-Hour Rule for Domestic Violence in Missouri?
A: The 12-hour rule for domestic violence in Missouri refers to a situation where a law enforcement officer has probable cause to believe that an act of domestic violence was committed by the same offender for the second time after being called to the same location. The officer should arrest this person in this situation.
An officer can also decide to arrest the offender after the probable cause of one domestic violence offense. If the officer declines to make the arrest, they must make a report of the incident.
Q: What Is the Statute of Limitations on Domestic Violence in Missouri?
A: The statute of limitations on domestic violence in Missouri refers to the amount of time the prosecution has to press charges after the most recent criminal act takes place. This time limit entirely depends on the severity of the crime that was committed, as several different violent offenses can be considered domestic violence crimes.
This statute of limitations only applies to criminal charges. It does not refer to suffering consequences for domestic violence actions in a family law case.
Q: Does Missouri Recognize Emotional Abuse?
A: Emotional abuse may be interpreted as part of Missouri’s domestic violence laws, as the law includes threats of or attempts of harassment, coercion, and assault within the definition of abuse. The law also considers stalking to be a domestic violence crime. Depending on the actions or threats made within the emotional abuse, it may be viewed as abuse under the law. The definition of abuse is not limited to what the law lists.
Q: How Do You Prove Domestic Violence in a Family Law Case?
A:Proving domestic violence in a family law case can be done with certain evidence, such as:
- Medical documentation of injuries
- Photos or videos of injuries or property damage
- Weapons used in the offense
- Eyewitnesses to the abuse, such as neighbors, police officers, friends, and family
- Written account of the events
- Threatening texts or other communication
It is much easier to gather sufficient evidence to prove domestic violence in a family law case with an attorney who has experience navigating these types of cases supporting you.
Navigating a Difficult Family Court Case
You need legal support if you have a family law case dealing with domestic violence. Whether you are being accused of domestic violence or are trying to prove the danger a co-parent or spouse poses, an attorney can protect your rights. Contact the team at Stange Law Firm today.
