How can a physically abused spouse file for divorce?
Full Question:
I have been in an abusive relationship for over 6 years now. Lately, it has reached levels where I actually have blacked out when he hits me. I was in it for so long only because I thought I could change him. I don’t see any point in saving the man. I fear for my life. Isn’t this ground enough for obtaining a divorce?
11/16/2016 |
Category: Divorce |
State: California |
#26812
Answer:
You can seek a court order to protect you if your abuser
- harms you physically,
- tries to harm you physically,
- makes you afraid that serious physical harm is going to happen to you, or
- threatens, pressures or forces you to have sex.
Yes, from the above-described scenario, you have sufficient grounds to obtain a divorce from your husband under the Californian law. All that need to be provided is the evidence for the assault in the past, preferable hospital records, mental health checkup history to substantiate the claim of abuse. The California Family Code 6203 states:
“(a) for purposes of this act, “abuse” means any of the following:
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.”
(1) To intentionally or recklessly cause or attempt to cause bodily injury.
(2) Sexual assault.
(3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
(b) Abuse is not limited to the actual infliction of physical injury or assault.”
Family Code 6320 states:
“(a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.”
(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.”
Once physical abuse is established it has a substantial effect in the eyes of the court when it comes to child custody, child visitation, and spousal support.