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People have many questions regarding the legal implications of domestic verbal abuse. These questions can be about restraining orders, abuse by spouse, how can one go about proving verbal abuse and what legal recourse the victim of verbal abuse may have. Answered below are top five questions about verbal abuse: What does one mean by verbal abuse?
Verbal abuse is defined as “Verbal abuse is any type of verbal bullying, name calling, or any negative statement that is told to a person or about a person. Verbal abuse can also be in some situations withholding any response or apology.” When can a child decide if he/she wants to live with another parent if he/she is being subjected to verbal abuse?
A motion for legal custody modification needs to be filed by a parent in the event that they feel that the child is being subjected to verbal abuse. When this is done, the child will be interviewed by the judge. The child and parent must be represented by a legal representative in order to request for custody. One may seek the advice of a family lawyer if you need to know how to apply for custody due to verbal abuse. Consider a situation where the divorce between a couple was filed due to physical and verbal abuse. Will the couple’s assets be divided 50/50 in such a divorce?
The state of Texas is a community property state. As a result, verbal abuse may not play a role in division of property in case of a divorce. However, if the couple had a child and it was subjected to the abuse, then it may have an effect on the division because it could have an effect on who would get custody of the child. Who will get child custody if a couple files for divorce because of verbal abuse?
Who the child will be with after a divorce will depend on the laws of the state in which the couple resides. Most of the times, the child may stay with the person who has physical custody. Many factors will be considered while deciding about the custody. One may take the help of a family lawyer to get more information regarding this. Can a restraining order be filed for verbal abuse?
Verbal abuse may be considered to be a part of stalking and domestic harassment at times. In such situations, the individual may file a restraining order against the person inflicting the abuse by going to the local authorities. This order may be a temporary option that will stop the person who is abusing the individual from contacting him/her. One must provide proof of the abuse while filing for the restraining order. One may have many questions about verbal abuse because of the complicated nature of the issue and because there is very little information documented about it. You may ask a family lawyer to understand what constitutes verbal abuse and how one can deal with it.
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