What victims of domestic abuse face in Tennessee family court

On Behalf of | Jan 25, 2022 | blog, Family Law |

When a victim of domestic abuse goes to Family Court in Tennessee, they can face an uphill battle. In many cases, the abuser is given more rights, while the victim is often left feeling alone and scared. If you are a victim of domestic abuse, it is important to know your rights and what you can expect from Family Court. Here are some of the challenges you are likely to encounter.

Challenges victims of domestic violence face in family court

One of the biggest challenges a victim of domestic abuse faces in Family Court is getting their abuser to take responsibility for their actions. Many times, the abuser will try to blame the victim for the abuse. Even worse, they can find ways to manipulate family law to make the victim look bad before the court.

Secondly, it can be challenging for the victims in family courts to make the judge understand the dynamics of domestic violence. A judge may not have a lot of experience with the uniqueness of every domestic violence, and as a result, may not be familiar with the dangers that victims face. This can lead to dangerous rulings in favor of the abuser.

Thirdly, victims of domestic abuse find a harder time obtaining custody of their children. The abuser may try to get full or sole custody of the children, leaving the victim feeling helpless and alone. This consequence is mainly attributed to Richard Gardner’s concept of parental alienation. He claimed that most parents make false allegations of domestic violence as vengeance against their partners. A judge can go to court with this prejudice, thus overlooking the actual danger that the victim faced.

Finally, victims of domestic abuse often have to deal with long and complicated court proceedings. The abuser may try to drag out the proceedings in order to wear the victim down emotionally.

The challenges faced by victims of domestic violence in family courts are many and varied. No matter your situation, you deserve a chance to have a fair legal process free from abuse and intimidation.

Costner & Greene Attorneys at Law

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