Marital Abuse
in Metairie, LA
Navigating Divorce When Abuse is Involved
Abuse, in any form, is one of the most difficult issues that can affect a marriage and the divorce process. Whether physical, emotional, or financial, the impact of abuse on your marriage and your divorce proceedings cannot be understated. In Louisiana, the law provides specific avenues for victims of domestic abuse to protect themselves and seek faster, safer divorces.
At Gallagher and Westholz, we understand the complexities involved and offer legal guidance that is not only knowledgeable but also compassionate. We’re committed to ensuring that you understand all your options and receive the support you need throughout this process.
How Abuse Affects Divorce in Louisiana
In Louisiana, domestic abuse can significantly impact how a divorce is handled. Abuse may affect decisions about custody, spousal support, and even the length of the divorce process. For victims of abuse, a fault-based divorce can be an option, which may allow the case to proceed more quickly and offer stronger protections. Depending on the severity and documentation of the abuse, the court may also take additional measures to safeguard the safety of you and your children. Gallagher & Westholz is experienced in navigating these sensitive situations and can provide the legal support necessary to ensure you and your loved ones are protected throughout the divorce.
What Counts as Domestic Abuse?
It’s important to recognize that abuse isn’t limited to physical violence. Louisiana law includes various forms of abuse such as emotional, verbal, sexual, and financial abuse. Emotional and verbal abuse can be just as harmful as physical violence, and often leaves long-lasting scars that are hard to see. Financial abuse, where one partner controls the other’s access to money or resources, can also severely impact your ability to escape an abusive situation. If any of these forms of abuse have been part of your marriage, it’s crucial to share this information with your attorney. The more information we have, the better we can protect your rights and ensure that you’re safe as you move forward.
How Custody is Affected by Abuse
When abuse is involved, custody decisions are always made with the child's safety as the number one priority. If one parent has a history of abuse or violence, the court will consider this when determining custody or visitation rights. In some cases, an abusive parent may be denied custody altogether, or their visitation rights may be limited to supervised visits. Louisiana law allows the court to take any history of abuse into account when deciding what is in the child’s best interest. At Gallagher and Westholz, we work tirelessly to ensure that your child’s safety is safeguarded, and that any history of abuse is fully considered in the court’s decision-making process.
Getting Legal Help if You’re in an Abusive Situation
If you are in an unsafe or abusive situation, you do not have to go through it alone. There are steps you can take to protect yourself and your children. At Gallagher & Westholz, we help you understand how to seek protective orders, file for an expedited divorce, and ensure your safety is prioritized throughout the process. We are here to advocate for your safety, whether that involves filing for emergency protective orders or working through the legal system to ensure that the abusive spouse is held accountable. Our goal is to ensure that you can begin a new chapter in a safe, protected environment.
Protect Your Safety. Understand Your Options
If you are experiencing abuse, Gallagher & Westholz is here to help. We offer confidential, compassionate, and effective legal support to protect you and your children. You don’t have to face this alone—contact us today to speak with a trusted attorney who will guide you and fight for your safety and rights.