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How domestic abuse claims can impact divorce

On Behalf of | Aug 15, 2022 | Divorce, Domestic Violence |

During the divorce process in New Jersey, it’s possible that one party could accuse the other of domestic abuse. These accusations could have a significant impact on the outcome of the divorce process as well as any proceedings involving child custody or visitation schedules.


If there are claims of domestic abuse while you’re going through a divorce, then you could obtain a protection order so that each party stays away from the other. With this order, there should be no contact at all whether it’s through the phone or in person. If the order is violated, then the party who made the initial contact could be arrested and charged with a misdemeanor. If there is a visitation order in place, then supervised visits could be allowed to prevent any abuse from taking place.

Why claims are made

There are a few reasons why one party might claim that the other abused them. Revenge is a common reason as one party might not want to go through with the divorce. They might want to get back at the person who committed an act that resulted in the decision to file for a divorce, such as adultery. Another reason is that the person filing the claim might want to have an advantage in court. They might think that the court will make a better financial decision for the party that has claimed that the abusive act has occurred. Full custody could also be awarded to the person who makes the claims as well, which could be detrimental to the children involved as they might not be able to see the other parent as often as they want.

Even after one party has filed for divorce, the other could claim that domestic abuse is taking place, which could result in changes to the final outcome given by the court.

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