Domestic abuse though disliked and discouraged by the society at large continues to prevail in some limited sections of society even today. In our practice, we come across a number of cases where abuse is one of the primary or even the only reason that a spouse wants to divorce their spouse. This is something that needs to be encouraged more than it is being encouraged in this day and age.
Reluctance & Feeling Helpless
The number of people who go through domestic abuse in their marriage and those that file for divorce on this basis are incomparable. Only a handful of people that should opt out of their marriages because of domestic violence actually do it. This can be attributed to the social stigma that continues to be felt in some sections with regards to a divorce, and otherwise because the abused feel helpless to do anything.
Decisions can be taken and they can be wrong. It is not a must for each and every decision taken by you to be absolutely correct. This needs to be realized. There are chances of discrepancies and if you think that a wrong decision has been made that is unable to give you what you want, you need to opt out of it.
If you have chosen to get married to someone and the marriage is resulting in abuse from your spouse, you need to come to the realization that you cannot continue to live under those conditions.
There can be many types of abuse and if you are subjected to any, you should stand for your rights and if your spouse is unable to stop such acts you should go for a divorce.
Types of Abuse
Abuse in a marriage can be categorized broadly into 3 categories at the very least.
The first is physical abuse which involves physically assaulting, beating or hurting you in any way that is not permitted by you. Physical abuse if looked down upon by the courts and can not only result in Orange county divorce proceedings, but the spouse initiating the abuse can be made subject to criminal proceedings.
The second type of abuse can be emotional or mental abuse, where maybe not your body, but your mind, is tortured. Mental and emotional abuse can take many forms and there are several ways that these can be conducted. While these are typically harder to prove, they will also count against the spouse in divorce case.
The last and most important category is child abuse. If the other parent is abusing the child in any way, you need to step up and for the best interest of your child and yourself you need to opt out of the marriage and go for an Orange County divorce. The courts look to protect children and will deal with parents involved in child abuse harshly.
If you suffer from any sort of abuse in your marriage, contact us at The Maggio Law Firm today to learn what your rights, including the filing of a restraining order, are.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.