When there is any sort of court proceedings in Utah generally the two different courts, civil and criminal tend to be kept as two different entities. However, in some very particular cases they do overlap. One of these instances are where there are claims of domestic violence made by either a male or female spouse during suits linked to divorce.
What causes divorce to get nasty?
While domestic violence is a matter not to be taken lightly and the sufferer of the violence is often deeply scarred physically and mentally there is a small percentage of women and men that will make up claims in order to manipulate the system in their favour and get the outcome they are wishing for.
If this happens during the midst of a normal divorce proceeding route the case will be re-routed to the criminal courts. If this is something that has happened to you or you can see it occuring in the near future it is important that you take the necessary steps to safeguard yourself as well as any rights you have towards your children.
Divorce is not a nice procedure to go through and while causing angst and heartache it also brings the worst out in people. A lot of people go into attack mode because their very way of life is turning upside down and this can cause not just rash decision but also rash actions towards your soon to be ex.
What is classed as domestic violence?
It is a common misconception that domestic violence is only physical. Mental and verbal abuse is also counted as domestic violence and even an verbal threat to perform an act of violence can end up with you in handcuffs. If there is evidence of these threats via voice recordings or text messages,or eye witness reports of this occurring, no matter if it was even to push them out of your space you could be in for a whole heap of trouble.
What are the implications of domestic violence?
If the order is allowed to stand the alleged demeanor will become a permanent part of your criminal record because it is classed as a class A misdemeanor. This could have a lot of negative implications, firstly if you two still live together or work together you may be forced out of both home and job. You could also lose access to your children both at home and at school and any contact with your spouse will be blocked.
It could even result in your spouse being awarded temporary sole custody alongside with all visitation suspended on a temporary basis. There is even a chance your second amendment rights are suspended during this time.
Contact a Salt Lake Divorce attorney:
The trials and tribulations around divorce are always hard to navigate even without other extraneous factors being added to the mix. It is always a good idea to have the support of a Salt Lake Divorce attorney during these testing times. Call 801-539-9000 for the best advice possible.