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How to Divorce When a Victim of Domestic Violence

Posted by Joseph Lento | Mar 17, 2025 | 0 Comments

As a victim of domestic violence, making the decision to divorce can be challenging. It can come after years of abuse and denial. The process can be overwhelming, and separating from an abusive spouse doesn't end the risk of harm.

If you're in an abusive marriage, the LLF Law Firm Family Law Team is here to help. We can help throughout the process and help ensure that you and your children remain safe. Call us at 888-535-3686 or fill out our online form.

PFAs

In Pennsylvania, restraining orders are known as Protection From Abuse orders (PFA). When you take out a PFA against a spouse, it prevents them from contacting and seeing you.

In most cases, individuals will initially file for a temporary PFA. In circumstances when your life is in immediate danger outside of normal business hours, you can file for an emergency PFA.

If a temporary PFA is granted, the next step is a permanent PFA. In Pennsylvania, permanent PFAs last for up to three years and can be extended.

Pennsylvania PFAs cover the entire state and can be enforced in every U.S. state. PFAs can be a powerful and important tool in protecting domestic violence victims.

Minimize Contact

Even if you don't have a PFA, minimize your contact with your spouse. As much as possible, communicate through your lawyer or a trusted third party. Avoid engaging with them and keep in mind that they may try and bait you or otherwise get a reaction.

Prenups and Domestic Violence

Pennsylvania requires that both parties voluntarily enter into a prenup. In some situations, evidence or a history of domestic violence may call into question whether the abused spouse truly voluntarily entered into the agreement. If a court finds that one spouse was coerced into signing a prenup, the entire agreement will be invalid.

Custody

Pennsylvania's default is shared custody and encouraging children to have a relationship with both parents. That your spouse has abused you doesn't automatically mean they will lose custody.

If you have reason to suspect that your spouse or a member of their household presents a danger to your children, then you should file for sole custody. Even if a judge rules that you have sole custody, they may still grant the other parent supervised visitation.

Stay Safe

The most important consideration is your safety and, if you have children, their safety as well. Whatever is necessary to protect your safety and the safety of your loved ones, the LLF Law Firm Family Law Team can help.

Protect Your Life and Your Future

Divorce alone is stressful. When you combine divorce from escaping an abusive home and marriage, the process may seem almost impossible. And while it can be challenging, with the right legal team, you can navigate the process and start the next chapter of your life.

The LLF Law Firm Family Law Team is here to assist you with filing a PFA, modifying custody, and navigating the divorce. Call us at 888-535-3686 or fill out our online form.

About the Author

Joseph Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in Pennsylvania New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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Contact a skilled Family Law Team Today!

The LLF Law Firm has unparalleled experience practicing Family Law in Pennsylvania. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Our Family Law Team will go above and beyond the needs for any client and fight for what is fair.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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