Domestic violence is defined by abusive, harmful behavior within a family/house. This type of abuse can be caused by both physical and emotional damage. Instances of domestic violence tear families apart, and can cause severe issues of stability for children and spouses. At Nelson, Taylor, and Associates, we offer support and a strong legal team to handle cases of domestic violence. This means fighting for victims of domestic violence, as well as offering legal standing for those who are wrongly accused of domestic violence.
It’s important to note that, while domestic violence is a federal crime, it is nearly always prosecuted under laws of the states. Depending on the state, the net of what falls under domestic violence is different. Certain requirements of the defendant’s relationship with the victim must be met for it to qualify as such a crime.
Affects child custody
Domestic abuse can make for a rotten home for a child to be brought up in. The effects of this type of upbringing can last for years, and result in issues that must be dealt with in adulthood. Because of this, cases of domestic violence can have a huge impact on child custody. In Utah, most courts will opt for a joint custody status, in a case of divorce. However, any case where there is a precedent of domestic violence, a judge will most likely opt to limit one parent’s visitation, or eliminate it, entirely.
Due to the severity that cases of domestic violence can present to the life of a victim, there are many cases where a protective order becomes necessary. In order for a protective order to be granted, the abuser must either be a person who is related to the victim, either by marital connections or by blood, a person you have shared a child with, a spouse (or former spouse), or someone whom you live with. Outside of these qualifications, a restraining order would be more appropriate.