In Minnesota, divorce petitioners are filed according to the grounds identified and any laws that apply to their individualized circumstances. This includes cases in which domestic violence has been identified and requires further legal action. Lawyers in Mankato, MN can answer frequently asked questions about divorce and domestic violence cases.
How Can the Victim Start a Case After Domestic Violence Occurred?
The first step is to report the attack to law enforcement and acquire documented evidence of domestic violence. Victims should call the cops as soon as the attack happens. If they don’t report these incidents quickly all physical evidence can disappear and prevent the victim from getting the assistance they need. All evidence accumulated can be used in the divorce proceedings if the victim chooses to file under the grounds of spousal abuse.
Why Are Protection Orders Vital to These Cases?
The protection order protects all victims of domestic violence including but not limited to the spouse and/or their children. The orders prohibit the attacker from visiting the home, and they allow the victim to report any further attacks as separate charges. If the child is identified as a victim, this could prove helpful for the non-offender to acquire child custody in divorce proceedings.
Can the Victim Acquire Custody if the Child Wasn’t a Victim?
Typically, the court rules in favor of the most suitable home environment for the child when assigning custody to the parent. However, this doesn’t mean that the parent will get sole custody, as sometimes the court will provide custody or visitation to the aggressor. The victim of domestic violence can also request supervised visitation with the child for the aggressor, and this requires the court to monitor these visits.
In Minnesota, divorce petitioners can acquire additional assistance when they are the victims of domestic violence, and the court will provide them with a protection order to reduce the potential for further attacks. However, the petitioner must follow steps through criminal court to secure evidence of these allegations. Petitioners who need further assistance should contact lawyers in Mankato, MN by visiting Blatzlawminnesota.com today.
