In Missouri, victims of domestic abuse must follow specific steps when filing a petition for divorce. They must follow guidelines for securing evidence and generating an effective paper trail. It is these steps can help the victim build a strong criminal case as well as assist them in their divorce case. The following are details to discuss with an Attorney in Jefferson County MO.
What Evidence is Needed?
The victim must file charges against their spouse when they are attacked. They need to press charges any additional instance in which they are assaulted or attacked. These reports generate adequate evidence to prove that domestic violence existed in the marriage. The investigation for the criminal case generates ample evidence to support their claim of domestic violence or spousal abuse.
Requesting an Order of Protection
The attorney representing the victim can file a motion to acquire an order of protection. This order prevents any further contact between the victim and their attacker. It also includes strict provisions that protect the victim and their children from any violent behaviors. They also prevent the attacker from participating in certain activities such as using any controlled substances or drinking alcohol. If the defendant violates the order, they incur additional criminal charges for each offense.
Extended Protection and Monitoring After the Divorce
After the divorce case is over, the victim can acquire an extension for the protection order. The court will assess their risks and probability of becoming a victim again when making this decision. If their attacker is incarcerated, they may extend the order of protection according to the projected release date.
How Domestic Violence Affects Child Custody
These offenses will only affect child custody assignments if the defendant is a risk to the child. If the parent hasn’t harmed the child, they can acquire custody or visitation rights. However, if a risk exists, they won’t acquire custody and if allowed to they will receive supervised visitation.
In Missouri, victims of domestic violence can escape their attacker even this attacker is their spouse. Through domestic violence and divorce laws, they can petition the court and file criminal charges. Victims who need the assistance of an Attorney in Jefferson County MO visit Visit the website now.
