Domestic Violence, whether physical abuse or another form of harm, may lead to or stem from divorce proceedings. In Missouri, as in every state, courts must take allegations of domestic violence seriously.
At the same time, courts must not assume that an allegation is true just because a party to divorce makes the allegation; rather, the party making the allegation must prove by a preponderance of the evidence in a divorce case that the incident did occur.
Domestic Violence or Adult Abuse is commonly associated with physical abuse, such as hitting or kicking a spouse. A spouse may also perpetrate domestic violence by isolating an individual from others or preventing them from accessing money for the necessities of life, like food and shelter.
Sexual abuse may arise in cases of forced sexual contact or control over reproductive strategies. Documenting any type of abuse is important, whether that abuse occurs before or after a divorce case has been filed. If it is safe to do so, a spouse experiencing domestic violence should prioritize moving to a location where their spouse cannot find them and then seek further protection from the Family Court.
A Restraining Order also known as an Order of Protection, is a civil order designed to protect individuals experiencing domestic violence from their abuser. An individual may usually receive a Temporary Restraining Order TRO from a Family Court judge in an abbreviated period and without a full hearing or confronting their alleged abuser in Court.
