It goes without saying that neither spouse should ever physically harm the other. But I will say it again anyway. Neither spouse should ever physically harm the other. I am not condoning mental cruelty, but physical violence can absolutely destroy a marriage. Couples fight all of the time. But physical violence should never even be considered an option.
If one spouse physically abuses the other and there are visible marks and the police are called, an arrest will be made and someone is going to jail. But jail is just the beginning. If the situation warrants it, an emergency protective order will be sought by the authorities and issued by the court. So, the person doing the hitting cannot return to their residence and sometimes they are prohibited from seeing their children. Let’s say that your spouse is no longer interested in pressing charges and had called the authorities to teach the abusive spouse a lesson. Domestic violence is considered to be a crime against the State as well and thus it is not so easy to get the prosecuting attorney to simply dismiss the case.
In my experience, along with the domestic violence comes a dissolution action, meaning that one of the parties will file for divorce. Sometimes they file for legal separation. But, in addition to the divorce proceedings, we often see a Domestic Violence Prevention Act Proceeding, which could culminate in a three-year stay away order. And once domestic violence is an issue in the marital proceedings, it will usually have an effect on the custody arrangements. Courts may order supervised visits with children even if the alleged acts of violence are perpetrated upon a spouse.
So, if you have ever considered slapping or pushing your spouse in the heat of an argument, reconsider. Marriage counseling, therapy, and if warranted, dissolution proceedings may be called for. But violence never is.
For all of your domestic violence issues, including criminal charges, restraining orders, dissolution and legal separation proceedings, contact the Law Offices of Richard A. Marcus at 661-257-8877.