Jackie Kong, Esq.
Hawaii Divorce and Family Law Attorney
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Domestic violence is a serious issue that can significantly affect divorce proceedings and child custody decisions. In Hawaii, the law prioritizes the safety and well-being of individuals and families impacted by domestic abuse. If you are going through a divorce or custody battle and domestic violence is a factor, it’s important to understand how it may influence the legal process, your rights, and the protections available to you.
In this blog, we will explore how domestic violence affects divorce and custody cases in Hawaii and the legal resources available for victims seeking protection.
Domestic violence encompasses physical, emotional, psychological, sexual, or financial abuse by one partner against another in an intimate relationship. It can also include threats, intimidation, and control tactics. In Hawaii, domestic violence is taken very seriously, and the law provides several mechanisms to protect victims and address their legal concerns during divorce and custody disputes.
Hawaii is a no-fault divorce state, which means that you do not need to prove that one spouse was at fault for the marriage’s breakdown. However, if domestic violence has occurred, it can still play a significant role in how the divorce is handled, particularly in matters related to property division, spousal support, and custody.
Hawaii follows the principle of equitable distribution, meaning marital property is divided fairly but not necessarily equally. While domestic violence does not directly determine how property is divided, it may have an indirect impact. For example, if one spouse financially or emotionally manipulated the other during the marriage, the court may consider this behavior when dividing assets.
In some cases, victims of domestic violence may also seek compensation for damages caused by the abuse, such as medical bills or therapy costs, which can be factored into the divorce settlement.
In cases of domestic violence, spousal support may be awarded to the victim to help them regain financial independence after the divorce. The court will take into account the financial impact of the abuse and may provide additional support to ensure the victim can maintain a stable lifestyle post-divorce.
When determining child custody arrangements, Hawaii courts prioritize the best interests of the child. Domestic violence can have a profound impact on custody decisions, as the safety and well-being of the child are of utmost importance.
If there is a history of domestic violence, the court will carefully consider whether the abusive parent poses a risk to the child. While the court encourages both parents to maintain a relationship with the child, it will not hesitate to restrict or deny custody to a parent who has been abusive.
In some cases, the court may order supervised visitation, where the abusive parent is allowed to visit the child but only in a controlled, supervised setting. This ensures the child’s safety while maintaining some level of contact with the abusive parent.
Tip: Victims of domestic violence should document any incidents of abuse, including police reports, restraining orders, or medical records, to present as evidence during custody hearings.
Severe cases of domestic violence can lead to the termination of parental rights. If the court determines that a parent’s behavior poses a significant danger to the child’s emotional or physical health, it may strip the abusive parent of their rights, including visitation.
Example: If a parent has a documented history of physical abuse against the other parent or child, the court may determine that it is in the child’s best interest to limit or terminate that parent’s involvement.
Hawaii offers several legal protections to victims of domestic violence, particularly when it comes to ensuring their safety during and after the divorce process.
Victims of domestic violence can seek a Temporary Restraining Order (TRO) to protect themselves and their children from the abusive spouse. A TRO can prevent the abuser from contacting, threatening, or coming near the victim and may also provide temporary custody and support orders.
A TRO can be filed in Family Court and is often granted quickly to ensure immediate protection. If necessary, a TRO can be extended or converted into a permanent order after a court hearing.
A protective order is a more long-term solution that offers ongoing protection against an abusive spouse. It can include provisions for child custody, visitation, and support. Protective orders are designed to ensure the victim’s safety while the divorce and custody proceedings are underway.
If a child is in immediate danger due to domestic violence, the victimized parent can file for an emergency custody order. This temporarily grants custody to the non-abusive parent while the court evaluates the situation. Emergency custody orders are granted quickly to remove the child from a potentially harmful environment.
Domestic violence can have a profound effect on both divorce and custody proceedings in Hawaii. The courts take these matters seriously and prioritize the safety and well-being of victims and their children. If you are a victim of domestic violence, it is important to understand your legal rights and seek the appropriate protections to safeguard your family’s future.
If you are facing a divorce or custody battle involving domestic violence, consulting with an experienced family law attorney can help you navigate the legal system and protect your rights. You deserve to feel safe, supported, and empowered throughout this difficult process.
