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Can verbal abuse count as domestic violence in divorce cases?

On Behalf of | Jan 3, 2025 | Domestic Violence

When you think of domestic violence, physical abuse might be the first thing that comes to mind. However, it is essential to understand that verbal abuse can also be a form of domestic violence. It could potentially impact divorce proceedings. It is necessary to understand how verbal abuse fits into the domestic violence category and its potential effects on divorce cases.

Understanding verbal abuse as domestic violence

Verbal abuse is a pattern of behavior where one person uses words to control, intimidate or belittle their partner. It could include:

  • Constant criticism and name-calling
  • Threats and intimidation
  • Humiliation in public or private
  • Gaslighting or manipulating the truth

While it does not leave visible scars, verbal abuse may be just as damaging as physical violence. Many legal systems recognize this. They may include verbal abuse under the umbrella of domestic violence.

How verbal abuse may affect divorce proceedings

If you are considering divorce and have experienced verbal abuse, it is crucial to understand how it might influence the process. It could impact:

  • Child custody: Courts prioritize the well-being of children. Evidence of verbal abuse could impact custody decisions.
  • Property division: In some cases, courts may consider abusive behavior when dividing assets. This is especially true if it affects the other spouse’s earning capacity.
  • Spousal support: Verbal abuse could potentially influence alimony decisions. This could apply if it resulted in psychological trauma or affected the abused spouse’s ability to work.
  • Restraining orders: Verbal abuse may escalate or include threats. If this happens, you might be able to obtain a restraining order for protection during and after the divorce.

Laws may vary by jurisdiction, and the impact of verbal abuse on divorce proceedings can differ. If you are in this situation, consider consulting an attorney to guide you.