Victims of Domestic Violence still have Protection during the Worldwide Lockdown

As more and more mayors and city managers are taking unprecedented steps ordering their citizens to stay at home to avoid being subjected to the ongoing Coronavirus scare; many more victims other than the elderly and people with underlying health conditions are being affected.

A recent call to the National Domestic Violence Hotline had a victim of domestic violence state, “My husband won’t let me leave the house!  He’s had flu-like symptoms and blames keeping me here on not wanting to infect others or bringing something like COVID-19 home. But I feel like it’s just an attempt to isolate me.“  Her abuser has threatened to throw her out onto the street if she starts coughing. She fears that if she leaves the house, her husband will lock her out.  For people who are experiencing domestic violence, mandatory lockdowns to curb the spread of COVID-19 (the disease caused by the new coronavirus) have trapped them in their homes with their abusers, isolated from the people and the resources that could help them.

If you are in an abusive or violent situation, please reach out because there is help.

Courts are continuing many existing cases. Delays are notably more likely in family law cases that are in their preliminary stages on large dockets versus those already set for hearing or trial. Courts are often delaying many of these dockets for significant periods to avoid having a significant number of individuals in the same courtroom where the virus can spread. These delays are causing many cases to be in a literal standstill.  Many parties are feeling the impact financially. The financial impact is seen in areas of business where the government is closing sectors of business to avoid the virus spreading.  Custody cases can be contentious in divorce and family law litigation. For many litigants, they desire temporary custody and visitation with their children. They may also have imminent worries that they believe the court should address the matter through a Temporary Restraining Order. However, with many courts not fully operational, it can be problematic to have these matters heard right now. The net effect is many parties are unable to see their kids or caught up in contentious custody battles without court assistance.

However, what nobody is worried about because the media is focused on who has the virus and how do we keep it from potentially spreading and killing us all.  There is domestic violence that continues and victims are in need for an order of protection to keep them from being abused.  With the courts closed it may be hard for some litigants to have these matters heard.  With the cases not being heard, some fear that domestic violence may not be addressed with access to courts limited.  There are also parties who claim they are wrongfully accused and they may be subjected to adverse temporary orders.  Again, with the courts being limited right now, they may have a tough time having their case heard and their name cleared.

Divorce and family law litigation can be frustrating enough. Most are looking for ways for their divorce or family law matter to end either through settlement or trial. However, there is no question that the Coronavirus is making this more challenging right now.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.