The Ohio Domestic Violence Network (ODVN) reports that domestic violence incidents in Ohio have been increasing in the past few years.
Domestic violence is any physical injury, sexual assault, or threats to injure or assault those who are related by blood or marriage, who share a child, or who have lived together as a couple in the last five years.
Any accusation of domestic violence is serious and can lead to criminal charges, prosecution, and a permanent criminal record—but how could it affect divorce proceedings in Ohio?
Domestic violence can impact any type of divorce, especially if you have children together, as addressed in this article.
Types of divorce in Ohio
There are two basic types of divorce in Ohio:
No-fault divorce
A no-fault divorce is by far the most common type in Ohio. Spouses seek a divorce without the need to prove fault. This makes the divorce process more straightforward and affordable, reduces conflict, and frees up valuable court time.
In no-fault divorces, the declaration of domestic violence may have no bearing on property division, child support, or spousal support commitments (except in extreme cases) but often impacts parental rights and responsibilities and parenting time if the judge is concerned that there is an ongoing risk to the children.
Fault-based divorce
In fault-based divorces, one spouse files for divorce based on extreme cruelty, adultery, abandonment, or one of several other grounds for divorce—and must prove wrongdoing by the other spouse.
Evidence produced in divorces where domestic violence is a factor may include police reports, medical reports, pictures of injuries, recordings of calls to 911, etc.
If the judge is satisfied that the domestic violence constitutes extreme cruelty, the divorce can be granted and the abuse may impact decisions concerning parental rights and responsibilities, parenting time, marital property division, spousal support, and more.
Allocation of parental rights and responsibilities
The allocation of parental rights and responsibilities in Ohio (often called “legal custody” in other states) are allocated according to the child’s best interests.
The presumption is that a child’s welfare and development are best served by having the input of—and regular contact with—both parents. However, proof of domestic violence can change this and a judge can award “sole residential parenting” of the child to one parent rather than shared “parenting” if it is in the child’s best interests to do so.
Allocation of parenting time
Parenting time is the term used in Ohio for “visitation” or “physical custody.” It relates to the division of time between parents and children after a separation or divorce.
Even if one spouse is awarded sole residential parenting, the other parent usually retains rights to parenting time. However, if the child is deemed in danger by the court, parental rights may be temporarily or permanently removed. Evidence of domestic violence by either parent is one of the factors considered when determining a child’s best interests.
A single episode of domestic violence may not greatly impact the court’s parenting decisions, especially if it occurred a long time ago. But a history of abuse or ongoing violence are other matters entirely for judges making custody decisions.
If an ongoing threat of abuse exists, a parent may be ordered to spend time with the children only with supervised visits in the presence of a designated third-party adult or with the exchange of parenting time occurring only in a public place. In the most serious cases, the right to visit the child can be temporarily or permanently removed.
Does domestic violence affect property division and spousal support?
Divorcing spouses share the same rights to an equitable share of marital property in Ohio. This may or may not be affected by domestic violence, depending on whether the abuse has affected the financial situation of the victim. In that instance, a judge may look into such matters and divide property according to what is deemed fair.
A similar situation applies to spousal support awards. Domestic violence may affect spousal support if the judge considers that domestic violence has affected the abused spouse’s well-being, financial stability, and ability to support themselves.
If, for example, one spouse was unable to maintain employment as a direct result of abuse within the home, the court may consider this when deciding spousal support and marital property distribution matters in Ohio.
What safety measures can be imposed by judges in domestic violence cases?
In divorces where domestic violence presents an ongoing threat to a spouse or child, the judge can order protective measures.
A civil protection order (CPO) will help ensure the safety of dependents. This can be sought by petitioning the court. If the request meets certain criteria, the petitioner will be granted an ex parte CPO and a hearing will be set for both parties to provide evidence. Thereafter, a protection order can last for up to five years.
Sometimes, the offending spouse in a protection order is ordered to stay away from the matrimonial home for the duration of the divorce proceedings, effectively granting exclusive use of the home to the abused spouse and children. Ohio judges tend to take a “safety first” approach, especially when children are involved in the divorce proceedings.
Any victim of ongoing domestic violence in Ohio should seek professional support and legal assistance.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
