Spousal Emotional Abuse During Divorce--What You Can Do

Is your spouse violent, abusive, harassing? In casesbut whether or not that is true, their conduct is also
of harassment or violence there are legal remediesbased on years of frustrating and dangerous
and there are practical things you can and must doexperience. Police are much more likely to get hurt
for yourself. This is not about reachingand less likely to do any real good in domestic
agreement--these are strategies for self-defense.disputes than in any other kind of case.
Mental and physical abuse must never be tolerated.This difficult issue has received a great deal of public
Restraining orders. The legal remedy for domesticattention, so police agencies now tend to have
harassment and violence is a restraining order--anstandards for dealing with domestic violence. Some
order from the court, served personally on yourdepartments have officers specially trained in family
spouse, forbidding certain conduct. Restraining orderscrisis intervention.
are available as part of a divorce action.Ask responding officers if they can refer you to
If you, your children or anyone in your household hasavailable spouse abuse shelters, support groups or
been physically abused or threatened with harm, yourelevant community services agencies. Call your local
can have the abuser ordered to move out and staypolice, talk to them about your problem and see
away from the family residence. Child visitation canwhat their attitude is and in what way they are willing
be ordered for specific times and places, away fromto help. Start a record in their files.
your home and, if necessary, under supervision. ItSelf-help. The best help is the kind you give yourself.
takes very clear proof of danger or harm to the childThe only thing you can control in life is your own
to forbid visitation altogether.attitude, actions and reactions, so start there. What
In extreme cases, most states permit emergencypart do you play in the cycle that leads to abuse?
orders to be issued ex parte--without notice to orTry to avoid the things that set your spouse off.
participation of your spouse. These orders are bindingThis does not mean to give up and roll over, but it
until a hearing can be held and more orders issueddoes mean learning to express yourself cleanly and
after both sides have had a chance to tell their side.not to provoke. In most disturbed relationships, there
Here's the good news: more than 85 percent of allis some pattern of action and reaction that builds to
restraining orders are adhered to. Being served withan eruption. Try to understand your part and stop
orders from a court seems to have a good effectthe cycle.
on most abusers, and, more to the point, they nowDon't be a victim. Spouse abuse is a very common
know that you are serious about not being a victim.problem, so you are not unique or alone. Nearly every
Think about it this way:community has professionals, agencies, and support
- Is your spouse the kind of person who will respectgroups that have a great deal of experience and
a court order?special knowledge about domestic conflict. This is
- Will he or she care about the police coming out oryour most important source of help and support. Get
being dragged into court and lectured by a judge?in touch with them. To find a local support group, ask
- Does your spouse have a reputation, money ora minister, call the police department or a social
property to protect?services agency. If one group or counselor isn't what
- Or will your spouse, in the heat of rage, ignore theyou want, try another.
threat or reality of official sanctions?There are many practical steps you can take. Maybe
When you go for restraining orders as part of youryou can get help from friends and family, possibly
divorce action, you can also request temporaryhave someone move in with you for a while, or get
orders for support, custody, and visitation that willa roommate. In general, abuse is drastically reduced
set the terms of your separation until a full-scale trialwhen other people are around. One obvious practical
is held or a settlement reached. Temporary orderssolution is to move away, either for good or at least
can be very useful if you need them to stabilize youruntil things cool down. Or change all the locks, bar the
case or get support coming in.windows and get an unlisted phone number. Or get a
Police. If you get a restraining order, be sure to file itbig dog. Or take self-defense classes. If necessary,
with your local police. This can put them under extrahide--it may be better than being someone's easy
pressure to protect you. But even if you do nottarget. The main thing is this: do whatever you must
have court orders, call the police if you are the victimto create your own peace and safety; do not
of domestic harassment or violence, and keep callingdepend solely on police or court orders to solve your
them. At the very least, you will be building a caseproblem.
and developing evidence.This article is an excerpt from the award-winning
Police may be an unreliable source of help in domesticbook Divorce Solutions: How to Make Any Divorce
situations, although this will vary from place to place.Better. You can order the book from Nolo Press
They have been accused of prejudice and sexism,Occidental or by calling (800) 464-5502.