Navigating divorce proceedings involving domestic violence requires specialized legal expertise and compassionate support. In Georgia, domestic abuse significantly impacts divorce outcomes, particularly regarding protective orders, child custody arrangements, and financial settlements. This guide explains critical considerations for survivors and how experienced attorneys can safeguard your rights during this challenging process.
How Domestic Violence Affects Georgia Divorce Cases
Domestic violence allegations alter divorce proceedings in three key ways:
- Protective Orders and Immediate Safety
Georgia courts prioritize survivor safety by issuing Temporary Protective Orders (TPOs). These orders can:
- Remove the abusive spouse from the shared home
- Grant temporary custody of children to the survivor
- Prohibit contact through phone, email, or third parties
Hobson & Hobson, P.C. works with local authorities to expedite TPO filings while building evidence for long-term legal protection.
- Child Custody Determinations Under O.C.G.A. § 19-9-3, courts must consider domestic violence history when awarding custody. Survivors often secure:
- Primary physical custody
- Supervised visitation for the abusive parent
- Restrictions on overnight visits
The firm’s child custody attorneys document abuse patterns through police reports, medical records, and witness testimonies to strengthen custody claims.
- Financial and Property Division Georgia’s equitable distribution laws (O.C.G.A. § 19-5-13) allow judges to award a larger share of marital assets to survivors if abuse impacted their earning capacity. Hobson & Hobson, P.C. frequently partners with forensic accountants to:
- Identify hidden assets
- Calculate long-term healthcare costs related to abuse
- Secure spousal support for economic recovery
Legal Strategies for Divorcing an Abusive Spouse
Step 1: Securing Emergency Protection
File a TPO through Georgia’s Online Protective Order Registry. Hobson & Hobson attorneys accompany clients to hearings to prevent abusers from contesting orders.
Step 2: Evidence Collection
- Documentation: Save texts, emails, and photos of injuries
- Witness Statements: Collect testimonies from neighbors, therapists, or school staff
- Expert Testimony: Partner with psychologists to demonstrate abuse’s impact on children
Step 3: Contested Divorce Proceedings
While 85% of Georgia divorces settle out of court (American Bar Association), domestic violence cases often require litigation. The firm’s trial attorneys:
- Present evidence of abuse to limit the abuser’s custody rights
- Negotiate lump-sum alimony to avoid ongoing financial ties
- Request court-appointed supervisors for visitation exchanges
Financial Safeguards During Divorce After Domestic Violence
Abusers may retaliate by:
- Draining joint accounts
- Destroying credit
- Hiding income
Hobson & Hobson, P.C. employs these protective measures:
| Action | Legal Tool |
|---|---|
| Freeze joint accounts | Emergency financial restraining order |
| Establish separate credit | Credit freeze via Experian |
| Recover hidden assets | Subpoenas for tax returns and business records |
Long-Term Safety Planning
Post-divorce safety risks remain high. The National Domestic Violence Hotline reports 20% of abuse escalates after separation. Hobson & Hobson, P.C. collaborates with:
- Security experts to install home alarm systems
- Therapists specializing in trauma recovery
- Employment agencies to rebuild financial independence
FAQ: Divorce and Domestic Violence
Q: Does domestic violence affect divorce settlement in Georgia? A: Yes. Courts may award more assets, prohibit shared custody, and mandate anger management courses for the abuser.
Q: How long does a domestic abuse divorce take? A: Contested cases average 12-18 months. Hobson & Hobson, P.C. accelerates proceedings through prioritized court dates.
Q: Can I get alimony if I left due to abuse? A: Georgia allows “rehabilitative alimony” for survivors needing job training or education.
Q: What if my spouse violates the protective order? A: Immediate contact Georgia Legal Aid to file contempt charges. Penalties include fines and jail time.
Q: Are abuse records from marriage admissible in court? A: Yes. Police reports, medical records, and even diary entries can substantiate claims.
Domestic violence survivors deserve attorneys who combine legal rigor with trauma-informed care. Hobson & Hobson, P.C.’s 30+ years of family law experience ensures protection of your parental rights, finances, and personal safety. For confidential guidance, contact their Atlanta office or call (770) 284-6153.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
