A step-by-step guide to help you understand what to expect, what documents to prepare, and what protective measures are available.
Step 1: Seek Safety & Legal Support
- Contact emergency services if you are at immediate risk.
- Consult a lawyer experienced in domestic violence cases.
- Reach out to support organizations for emotional and practical guidance.
Key Tip: Keep your phone charged and communications secure; avoid confronting the abuser directly.
Step 2: Gather Evidence
Collect all documentation that demonstrates abuse or harassment:
- WhatsApp messages, emails, texts, and social media threats
- Police reports and prior restraining orders
- Photos of injuries, property damage, or vandalism
- Witness statements from friends, family, or neighbours
- Medical or psychological reports
Tip: Organize evidence chronologically for clarity.
Step 3: File for Divorce
- Where: Juzgado de Violencia sobre la Mujer (Domestic Violence Court) in your area.
- How: Through your lawyer or directly at the court.
- Type: Usually contested divorce when abuse is involved.
Protective Measures Available:
- Emergency restraining orders
- No-contact orders
- Temporary custody arrangements
Step 4: Request Temporary Protections
- Apply for restraining orders against the abuser.
- Request temporary custody or supervised visitation if children are involved.
- Ask for financial safeguards (prevent abuser from accessing joint accounts or property).
Step 5: Court Review & Hearings
- Court reviews all submitted evidence.
- Judges may call witnesses or request reports.
- You may attend hearings with legal representation.
Tip: Keep detailed notes of all interactions with the abuser; do not engage outside legal channels.
Step 6: Final Judgment
- Court issues:
- Divorce decree
- Custody arrangements
- Property division
- Ongoing protective orders if needed
Tip: Ensure copies of all court documents are securely stored.
Step 7: After the Court Decision
- Follow the protective measures strictly.
- Maintain contact only through legal or court-approved channels.
- Continue counselling or support services to aid emotional recovery.
- Monitor compliance; report any violations immediately.
Remember: The Domestic Violence Court exists to protect you and your children, prioritizing safety, legal rights, and well-being throughout the divorce process.
