Madison Domestic Abuse Attorneys

Dane County Lawyers Helping Those Who Suffer from Domestic Violence in Divorce Situations

Divorce is often a difficult process, and accusations of domestic violence or abuse can add an extra layer of complexity to the situation. When abuse has occurred during a marriage, it can create a significant power imbalance that can make divorce-related issues difficult to resolve. Whether you are the victim of domestic abuse or have been accused of committing domestic violence against your spouse or children, it is important to get help from a qualified divorce attorney who understands how these cases should be handled in court.

With experience in family law and cases involving domestic violence, the attorneys at John T. Fields & Associates, LLC can work with you throughout the legal process to ensure that your rights are protected. We understand the impact that domestic violence can have on a family, and we work to ensure that those who have experienced abuse can protect their safety as they proceed with the divorce process and establish a new life for themselves. We can also help those who are facing domestic abuse accusations determine the best steps to take to resolve-divorce related issues while protecting the health and safety of themselves and their family members.

Restraining Orders in Wisconsin Domestic Violence Cases

In many cases, the first step a person who has experienced domestic violence can take is to file a petition for a restraining order. This type of protective order will put restrictions in place meant to ensure that family members will be protected against domestic abuse. In an emergency situation, a petitioner may ask for a judge to put restrictions in place immediately, and a temporary restraining order may be issued without notifying the respondent. A hearing will then be held to determine whether a more permanent injunction may be put in place. Temporary restraining orders will usually last for 14 days, although they may be extended for an additional 14 days to ensure that the respondent can be served with a copy of the order and a hearing can be held. Injunctions may last for up to four years.

A restraining order can place multiple types of restrictions on the respondent, including ordering them to:

• Refrain from committing any acts of domestic abuse against the petitioner.
• Stay away from the petitioner's residence.
• Refrain from contacting the petitioner in any way or asking someone else to contact them on the respondent's behalf.
• Turn over any firearms they own to the local sheriff.

A restraining order or injunction may be necessary to ensure that a spouse, a couple's children, or other family or household members are protected against abuse. These orders can complicate the divorce process, since they will prevent the parties from communicating with each other, but divorce-related issues can be worked out by communicating through the attorneys representing each spouse.

How Domestic Abuse May Affect Child Custody

Issues related to a couple's children are likely to be among the primary concerns that will need to be addressed in a divorce involving accusations of domestic violence. In many cases, a restraining order will include protections for children. If children will be living with the petitioner, the other parent may be prohibited from seeing them or communicating with them while the restraining order is in effect.

As a couple proceeds with the divorce process, a family court judge may make decisions about how child custody will be handled. If there is evidence that one parent has committed domestic abuse, sole legal custody may be granted to the other parent. The parent who allegedly committed abuse may be able to share physical custody, although some restrictions may be placed on physical placement, such as by requiring supervised visitation.

If there is no evidence that children are at risk of suffering harm, shared custody may be appropriate, although measures may be taken to ensure that the terms of a restraining order will be followed. For instance, children may be exchanged between parents through third parties or in public locations, and parents may not be allowed to directly communicate with each other about child-related issues. Ultimately, family courts will usually attempt to preserve relationships between parents and children while taking all necessary measures to protect children's best interests.

Get Legal Help From a Madison Family Law Attorney

At John T. Fields & Associates, LLC, we understand the difficulties that families face in situations involving domestic abuse or accusations of domestic violence. We work to protect our clients' rights in these situations and help them determine the best ways to resolve issues they may face, protect the safety of everyone involved, and complete the divorce process successfully. We can also help our clients determine how previous accusations or arrests related to domestic violence may affect their divorce. To learn more about how we can help address these issues effectively, call 608-729-3590 or contact us online. Our firm serves clients in and around Madison, Wisconsin, including Dane County, Green County, Rock County, Columbia County, Iowa County, Dodge County, and Sauk County.