Family Law AdvisorŪ

In divorce cases, courts usually do issue temporary restraining orders and temporary injunctions. These orders and injunctions often state that a spouse shall not threaten, harass or cause bodily injury to the other spouse. They can be enforced, when violated, by a citation for contempt. What this means is that when a violation occurs, the offended spouse can ask the court that issued the order or injunction to fine or jail the recalcitrant spouse.

Another type of court order can be useful in cases of domestic violence. It is called a protective order. Protective orders permit a court to exclude an abusive spouse from the parties' home and to call upon local law enforcement authorities to follow through with the eviction. Protective orders also can order one spouse to stay away from the other spouse. By statute, protective orders receive special attention by local law enforcement agencies.

Some victims of spousal abuse have obtained protective orders, but they are hurt anyway. For these persons, law is not enough. In fact, the law cannot be enough because our system of justice is reactive, not proactive: You can't be punished for what you might do, only what you have done. The best - but most difficult - remedy for persons with abusive spouses is to recognize escalating domestic violence before they are hurt, then get out.

The relationship between an abused spouse and the abuser is complex, but the key lies in the domination of the abused spouse by the abuser. Experts agree that there are a number of circumstances underlying such relationships. Some of the more common "red flags" include ridiculing and demeaning the abused spouse, separating the victim from friends and family, imposing a cycle of financial deprivation and control, and engaging in a cycle of violence.

The cycle of violence is most problematic. Typically - although clearly not universally - the abuser is the husband. He will engage in violence toward, or in the presence of, the wife. Later, the husband will become overwhelmed with guilt and be "good" for a time. Then, the cycle of violence will repeat itself.

The violence may originate as yelling. It can then progress to physical violence against objects. A favorite seems to be the kicking of doors. Later, the abuser will hurt the abused. The personal violence may begin with a shove, progress to a slap in a later incident, then a slug. Finally, if not broken, the cycle can result in significant bodily injury or death.

The cycle of violence is of the most immediate concern to the family law practitioner because the cycle always includes two critical factors: as time goes on, abusive events invariably become (1) more frequent, and (2) more violent. By inquiring about these two factors, the lawyer can gain valuable insight into the degree of danger the abused spouse faces.

-- Verner & Brumley, P.C.