Wisconsin Family Law: What to Do About Domestic Violence in Divorce

When facing domestic violence during a divorce in Wisconsin, it's crucial to understand your rights and the options available to you. Domestic violence is a serious issue that can affect not only your safety but also the legal proceedings of your divorce. Here’s what you need to know about handling domestic violence in the context of family law in Wisconsin.

First and foremost, if you are in immediate danger, prioritize your safety. Contact law enforcement or your local domestic violence hotline. Organizations such as the Wisconsin Coalition Against Domestic Violence provide resources and support systems for individuals experiencing domestic abuse.

In Wisconsin, the legal system offers protections for those facing domestic violence. You can file for a restraining order, also known as a temporary injunction. This order can help keep your abuser away from you and grant you exclusive possession of your home if you share one. It's essential to document any incidents of violence or abuse to support your case. Keeping a journal, taking photographs of injuries, and saving any threatening messages can be critical evidence.

When filing for divorce, inform your attorney about the domestic violence situation. An experienced divorce attorney can help you navigate the complexities of your case and advocate for your needs, particularly regarding child custody, property division, and alimony. Wisconsin courts take domestic violence into account when making custody decisions, as the welfare of the children is the top priority.

In custody disputes, the court will consider how domestic violence may impact the children's safety and well-being. If you can demonstrate that the other parent poses a risk to the children, it may influence the court’s decision regarding visitation and custody arrangements.

Additionally, Wisconsin is a no-fault divorce state, meaning that you don’t need to prove wrongdoing to obtain a divorce. However, evidence of domestic violence can impact property division and support calculations. Courts may favor the victim in these situations, taking into consideration the financial and emotional toll of the abuse.

After filing for divorce, it is vital to continue to seek support from local domestic violence shelters and counseling services. These resources can provide emotional support, legal advice, and safety planning to help you through the divorce process. Surrounding yourself with a network of trusted friends and family can also provide essential support during this challenging time.

Lastly, be aware of the possibility of legal aid services that may be available to assist you if you cannot afford an attorney. Nonprofits and legal aid organizations in Wisconsin often offer free or reduced-cost legal representation to those dealing with domestic violence issues.

In conclusion, navigating a divorce in the context of domestic violence is challenging, but with the right resources and support, you can make informed decisions that prioritize your safety and well-being. Always remember that you are not alone, and help is available.