People going through a divorce in St. Louis County often ask us whether domestic violence will matter in their case. Whether you are a survivor trying to protect yourself and your children, or someone facing allegations you believe are unfair, understanding how Missouri courts treat domestic violence is important before taking legal action.
Domestic violence can affect custody rights, property division, and protective orders. If you are considering ending your marriage and domestic violence is part of your situation, learning about the Missouri divorce process is a reasonable place to start.
What Missouri Considers “Domestic Violence”
A lot of people picture physical assault when they hear the term domestic violence. That is part of it, but Missouri law casts a wider net.
Missouri law defines domestic violence broadly to include abuse or stalking, with abuse including conduct such as physical harm, threats of harm, harassment, and coercion between qualifying family or household members. Isolation or financial control may also be forms of abusive behavior.
Filing for Divorce When Abuse Is Involved
Missouri is a “no-fault” divorce state, meaning neither party is required to prove misconduct to obtain a dissolution of marriage. Instead, the petitioner must allege that the marriage is “irretrievably broken.” You do not need to prove abuse to get a divorce.
Evidence of domestic violence can still influence other matters, particularly the division of assets, spousal maintenance, and child custody. The conduct of the parties during the marriage is one factor Missouri courts may consider when dividing marital property. Domestic violence may therefore affect the division of marital assets rather than automatically resulting in a larger share for one spouse.
Courts also do not assume an allegation is true simply because one party makes it. The person making an allegation may need to establish it by a preponderance of the evidence, meaning it is more likely than not that the alleged conduct occurred. Police reports, medical records, photographs, text messages, and witness testimony may provide relevant evidence.
Orders of Protection: Your First Line of Defense
Domestic violence survivors may seek an Order of Protection before or during divorce proceedings. An ex parte order is a temporary protection order that may initially be issued without the other party being present or heard. A full order of protection generally lasts between 180 days and one year, but the judge may enter an order that automatically extends the duration of the full order of protection. The judge can include provisions limiting contact, awarding temporary custody, or excluding the respondent from the family home.
Protective orders can significantly affect a divorce by limiting contact between spouses and influencing temporary custody and living arrangements. For families in St. Louis County, seeking legal advice early can help clarify how a protective order may interact with a pending divorce.
How Abuse History Shapes Custody Decisions in St. Louis County
Custody is one area where domestic violence can have a significant impact. Under Missouri law, there is a rebuttable presumption that equal or approximately equal parenting time is in a child’s best interests. “Rebuttable” means the assumption can be overcome with sufficient evidence. Judges also consider statutory factors when determining custody, including any history of abuse or domestic violence in the family.
A parent’s custody rights may be affected by a finding of domestic violence even when the conduct was not directed at the child. Depending on the circumstances and any danger posed to the children, a court may impose restrictions on custody or visitation, including supervised visitation.
Missouri law also imposes restrictions on custody or unsupervised visitation in certain circumstances involving particular criminal convictions or guilty pleas when a child was the victim. A family law lawyer can help determine whether these restrictions apply to a particular case.
What Happens While Custody Is Pending
One concern for clients in St. Louis County is what happens between filing for divorce and the final order. A spouse may seek a protection order while the divorce is pending. Depending on the circumstances, an order may address temporary custody and visitation.
If a parent has safety concerns about custody exchanges, they may also ask the court to address those concerns in the Parenting Plan, such as by establishing an appropriate exchange location or requiring supervised visitation when justified.
A Note for Those Facing Allegations
Not every domestic violence allegation in a divorce case is accurate. While Missouri courts take these allegations seriously, an accusation alone does not necessarily establish that an incident occurred. Evidence and the applicable legal standards matter.
If you are facing allegations, decisions made during the early stages of the case can affect what follows. Speaking with an attorney before responding can help you understand your rights and options.
Reaching Out Early Makes a Difference
Getting legal guidance early can help people understand their options before protective orders, temporary custody arrangements, or other decisions alter the legal landscape. An experienced law firm can also help determine which issues may be resolved through fair negotiations and which require court intervention.
At Grant, Miller & Smith, LLC in St. Louis County, we work with clients facing difficult family law situations. Our attorneys seek reasonable resolutions through negotiation and other appropriate out-of-court approaches when possible. When a fair resolution cannot be reached, we also have the skills to advocate for our clients in court. Reach out to our team to discuss your situation.