In Washington, divorce petitioners have additional rights when they are the victim of domestic violence. Under criminal and family laws, these victims may acquire protection and assistance with their impending divorce case. A Family Lawyer in Bremerton Wa manages these requirements to keep the petitioner safe.
Securing the Victim
Spouses who are the victims of domestic violence may require immediate protection. Criminal laws give them access to a safe house in which they can relocate anonymously. The location of this safe house remains undisclosed throughout the divorce case. The first step in acquiring this level of protection begins when the victim files criminal charges against their attacker.
Issuing a Protection Order
The court may provide a protection order to prevent additional harm to the victim. The order prohibits any contact between the victim and their attacker. The attacker cannot visit any location in which they know the victim may visit or work. Any risky behaviors that attribute to their violent behavior are also prohibited. This may include the use of alcohol or controlled substances. Supervised visitation with their children may also be ordered by the court.
Assessing the Risk to Children
A social worker must evaluate any possible risks to the child. Domestic violence defines unwanted violent behaviors that resulted in the victim’s injuries. The court needs to be aware of any risks that these behaviors present to the child. Serious risks may provide the victim with sole custody. It may also require supervised visitation with their children to continue.
Extending the Protection Order After the Divorce
The court evaluates possible risks for the victim once the divorce is finalized. For example, if the attacker refuses to undergo alcohol or drug treatment, these risks will continue. A refusal to attend anger management programs could also contribute to these risks. The court extends the protection order if any risks continue after the divorce.
In Washington, divorce cases may include domestic violence. In these cases, the risks to the victim must be evaluated. A continued risk after the attacker is charged formally could require a protection order. A protection order prohibits specific activities to keep the victim safe. Spouses who are the victims of domestic violence and wish to file for divorce should hire a Family Lawyer in Bremerton Wa right now.