Can Domestic Violence Affect Divorce Outcomes?

According to data from the Centers for Disease Control and Prevention’s 2023-2024 National Intimate Partner and Sexual Violence Survey, about one-third of the women surveyed (34%) and about one-sixth of the men surveyed (17%) in the US said they have been a victim of intimate partner contact sexual violence, intimate partner physical violence, or stalking during their lifetime.

With numbers this high, many people ending a marriage ask, “Does domestic violence have any effect on a divorce case?” The short answer is yes. Domestic violence can impact divorce proceedings, particularly when decisions involve child custody, visitation, financial support, and protective orders.

Abuse in relationships affects several aspects of divorce and legal separation, from the most basic concerns of safety to the more complex, such as property distribution and alimony. Depending on the laws of the state, safety for the abuse survivor and their children, among other concerns, may influence the way legal agreements are formed. Abuse can also have an effect on other parts of a separation.

Knowledge on how abuse affects divorce proceedings, possible evidence, and priorities of the court will be instrumental in decision-making during divorce.

Let’s take a closer look at how domestic violence can affect divorce outcomes in the United States in 2026.

Divorce and Protective Orders Follow Different Paths

Divorce dissolves the marriage, while the restraining order aims to resolve safety-related problems and is conducted through a different legal process than divorce.

But domestic violence can connect both the processes in terms of child custody, property settlement, alimony, and restraining orders.

Custody Is Where Abuse Weighs Most

Custody is the part of a divorce case where a history of abuse is most likely to influence the outcome.

Under the principles of the Office on Violence Against Women (OVW), custody and visitation decisions should reflect any history of domestic violence, along with the kind of abuse and its effect on the children and the parents.

California illustrates how one state enacts such an approach through its legislation. The self-help website of the California courts provides that there are special procedures where a parent has been convicted of domestic violence or has committed abuse within the past five years.

The judge must account for certain criteria before granting that parent any custody. In many of these cases, the other parent receives custody.

Where a judge grants custody to a parent found to have committed abuse, the reason must be stated on the record or in writing. Other states may apply different standards for determining custody.

Supervised visits are a middle ground, occurring in the presence of another adult or professional, and are used when there are safety concerns or to rebuild contact between the parent and child.

In case contact, even supervised, would cause physical or emotional harm to the child, the California website provides that the court may order no visitation.

Property and Alimony Depend on the State

Money questions follow each state’s own rules. Whether abuse counts as a factor in dividing assets or setting alimony depends on where the case is filed, since some states let fault enter those decisions and others do not.

California offers one example. According to the Los Angeles family law firm website https://www.kramerzitser.com/, a spouse convicted of a domestic violence felony is usually barred from collecting spousal support from the victim when the divorce is filed within five years of the conviction (plus any time in custody, on probation, or on parole), while a misdemeanor conviction creates a presumption against support that can be challenged with evidence.

Evidence, Mediation, and Safety

This is why courts use records, and the OVW principles emphasize the importance of access to court documents that show the history of abuse.

The OVW principles suggest that mediation and other forms of service take abuse into account so the process is safe, accessible, and fair. There should also be a safe means to disclose abuse.

Under the principles, cases with urgent safety concerns should be prioritized, including requests for temporary relief and enforcement of existing orders. The principles also call for services that are accessible to immigrants and people with limited English proficiency.

Dialing 911 for help remains an option as well. Alternatively, calling the National Domestic Violence Hotline (NDVH) at 1-800-799-7233 connects you with their helpful staff. There is even help via SMS by texting “START” to 88788.