Divorce is already a life-changing legal process, but when domestic violence allegations arise, the stakes shift dramatically. These claims influence nearly every aspect of divorce, especially custody and property division.
When one party accuses the other of domestic violence, it introduces immediate concerns about the safety and well-being of any children involved. It also influences how property is divided, since courts may determine that the abusive spouse shouldn't benefit from certain marital assets.
We understand how critical it is to approach each case with care and thoroughness. Let’s take a closer look at how domestic violence allegations can impact divorce proceedings and what you should know as you work through these challenges.
What Counts as Domestic Violence in Divorce Cases
Domestic violence includes a wide range of behaviors, not just physical harm. In Utah divorce cases, judges will look for any pattern of:
Physical abuse: This includes hitting, slapping, choking, or any physical force that causes harm or fear.
Emotional abuse: Verbal attacks, threats, manipulation, and degradation fall into this category.
Sexual abuse: Unwanted sexual contact or coercion, even within a marriage, is taken seriously in court.
Financial control: If one partner restricts the other’s access to money, credit, or basic resources, it may be considered abuse.
Isolation: Preventing a spouse from seeing friends, family, or attending work or school can also be grounds for concern.
We’ve seen how these behaviors, when proven, can carry major consequences in family court. Even a single credible allegation can alter custody schedules or restrict visitation rights.
The Impact on Child Custody Decisions
Child custody is one of the most significant issues affected by domestic violence claims. Courts in Utah make custody decisions based on the child’s best interests, and evidence of abuse often shifts how that standard is applied.
When domestic violence is part of the equation, courts may:
Limit or deny custody to the accused parent
Order supervised visitation if contact is allowed
Suspend parental rights in severe or repeated abuse cases
Mandate counseling or parenting classes before custody is reconsidered
Even if criminal charges aren't filed, family courts can issue temporary protective orders to restrict access to children. These orders often stay in place until the divorce is finalized, but they can become permanent in cases involving strong evidence.
We’ve seen situations where a parent accused of domestic violence was denied overnight visits or restricted to brief daytime visits in a public setting. Judges are understandably cautious—they want to avoid putting a child in danger, even when the claims haven’t led to criminal convictions.
Protective Orders in Custody Battles
Protective orders can play a critical role in shaping custody arrangements during divorce. These court-issued orders may:
Restrict contact between spouses
Prohibit visits with children
Order the accused to vacate the family home
When a protective order is granted, it creates an official court record that can carry weight in both temporary and final custody determinations. Judges often use the protective order as supporting evidence when deciding which parent offers a safer, more stable environment.
Protective orders can also have immediate practical effects. If a parent is forced to move out or avoid contact with their children, that pattern may influence the long-term custody decision. In other words, what starts as a temporary separation may set the tone for final parenting plans.
How Domestic Violence Allegations Affect Property Division
In Utah, marital property is divided equitably, not necessarily equally, during divorce. Courts consider a range of factors to determine what is fair. When domestic violence is part of the history, it can influence those decisions in several ways.
Judges may decide:
Not to award alimony to an abusive spouse, even if they’d otherwise qualify
To give the victim a larger share of the marital home or retirement accounts
To limit the abuser’s access to shared business interests or financial assets
Domestic violence can even affect debt division. If one spouse used money to control or abuse the other, by running up credit card bills in their name or restricting funds, the court may place that debt solely on the abuser.
We’ve helped clients demonstrate how financial abuse impacted their access to resources, employment, or education. Those details matter when judges are trying to create a fair settlement under difficult circumstances.
Gathering and Presenting Evidence of Abuse
When domestic violence is alleged, evidence becomes key. Courts aren’t only looking for criminal convictions—they’re also open to patterns of behavior that show harm, control, or fear.
Some common forms of evidence include:
Police reports or restraining orders
Text messages, emails, or voicemails
Photographs of injuries or property damage
Medical records showing physical or emotional trauma
Witness statements from friends, family, or neighbors
It’s important to act quickly and document everything if you're experiencing abuse. On the other side, if you're being falsely accused, you'll need to gather evidence that supports your parenting role, financial contributions, and history of non-violence.
Because domestic violence is such a serious claim, courts will look at credibility, consistency, and documentation. Even if the legal standard isn’t the same as in a criminal case, the court still needs to be convinced that abuse occurred or didn’t occur before making custody or financial decisions.
False Allegations and Their Consequences
Unfortunately, not every domestic violence claim is legitimate. Some spouses make false allegations during divorce to gain leverage in custody or property disputes. These claims can have devastating effects on the accused, both emotionally and legally.
When someone is falsely accused, we help them show:
A lack of prior evidence or complaints
Motives for making the accusation, such as a custody advantage
Character references or records that contradict the claims
Judges are trained to assess the full picture. If it’s determined that a claim was intentionally false, it can hurt the accuser’s credibility and affect their custody rights. In some cases, false accusations can even lead to sanctions or changes in how the divorce is litigated.
That said, most judges remain cautious. Even in cases where the truth is unclear, courts often err on the side of child safety. That’s why it’s critical to present a complete, accurate, and legally sound case, no matter which side you’re on.
How Domestic Violence Affects Spousal Support
Spousal support or alimony is another area where abuse allegations matter. In Utah, judges consider the length of the marriage, each spouse’s income, and their ability to support themselves. When domestic violence has occurred, it can shift these calculations.
We’ve seen courts:
Deny support to an abusive spouse
Increase support for a victim whose earning potential was harmed by the abuse
Adjust the duration of payments based on the severity of harm
For example, if one spouse stayed home due to threats or physical harm, the court might extend alimony to give them time to rebuild their life. Or, if one party was prevented from working or completing education, that too can influence support decisions.
On the other hand, courts don’t reward bad behavior. If the abusive spouse requests support, that request may be rejected based on their conduct.
Domestic Violence and Parental Rights Termination
While rare, domestic violence can lead to full termination of parental rights. This step is considered only in extreme cases—usually when abuse is severe, repeated, or presents ongoing danger to the child.
Termination means:
The abusive parent has no legal rights to visit, contact, or make decisions for the child
No child support is required
The other parent may allow adoption by a new partner without consent
It’s a final decision, and courts don’t make it lightly. Still, if a judge believes a child’s safety is at risk, termination is an available option.
We’ve seen it happen in cases involving sexual abuse, severe physical violence, or repeated protective order violations. In those cases, the priority is clear—protect the child, even if it means cutting off legal ties to a parent.
Speak to a Divorce Lawyer
Domestic violence allegations can reshape every part of a divorce. If you're dealing with these challenges, don’t go through it alone. We work with clients throughout Utah, including Salt Lake County and Utah County. Let Attorney Preston Day help you protect your rights and build a safer future.
