Questions about Domestic Verbal Abuse Laws

For many people, most family law questions that arise usually pertain to verbal abuse. Often it’s with regard to; verbal abuse restraining orders, verbal abuse by spouse, and how to prove verbal abuse. When are faced with questions like these, you can ask a Family Lawyer on JustAnswer for legal insights. Listed below are five of the top verbal abuse questions answered on JustAnswer.

What is verbal abuse?

The definition of verbal abuse is as follows: “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.”

At what age can a child chose to live with the other parent if they feel they are a victim of verbal abuse?

The parent can file a motion for legal custody modification at any time if they feel there is any type of abuse. The judge will interview the child and consider the child’s side of the story, but not necessarily will they get what they desire. Many times in order to gain custody, legal representation may be needed. If you are not sure what type of verbal abuse laws may apply to your situation, you can ask a Family Lawyer on JustAnswer.

If physical and verbal abuse was the reason a divorce was filed in Texas, will the assets be split 50/50?

Texas is a community property state so the abuse would usually have nothing to do with the separation of property. Depending on the severity of the verbal abuse, it may not have an impact on the outcome of the divorce either. However, if the verbal abuse was directed towards the child, this could have a major role in how the divorce plays out and may then have an effect on how the division of marital property is divided -- not because of the verbal abuse, but because of who will have custody of the child.

If someone gets a divorce because of verbal abuse, who will have rights to the children from the marriage?

Depending on the state laws of where you reside, whoever has physical custody will usually continue with the children in their care. There are many factors taken into consideration when determining who will get custody of the children. Since state laws differ, you can ask Family Lawyers on JustAnswer for specific state laws regarding verbal abuse and child custody.

Can someone file a restraining order for verbal abuse?

Verbal abuse does represent itself at times as a form of stalking and harassment. The individual can go to local authorities and file for a restraining order. The restraining order will usually put a temporary protective hold against the alleged perpetrator to safeguard the victim. When filing a restraining order, proof of the verbal and/or physical abuse must be present.

Verbal abuse is a very complicated topic, it can span to lots of questions one after another. Because there seldom are documented records that can be produced as evidence, it can often be difficult to prove. Family Lawyers on JustAnswer can help answer your individual questions quickly and reliably.