Do Male Abuse Victims Have the Grounds to File for Divorce

  • Home 
  • Blog 
  • Do Male Abuse Victims Have the Grounds to File for Divorce 

Do Male Abuse Victims Have the Grounds to File for Divorce

Marriage is no easy feat, but abuse should never be considered as part of the "ups and downs of marriage." Unfortunately, a lot of people are trapped in abusive relationships. And while the statistics show that women suffer from abuse more often, that does not mean men can't be victims of domestic abuse as well.

Leaving an abusive relationship may not always be easy, but it is possible. And with the right legal aid, victims of abuse can file for divorce and get away from their abusive partners.

What Constitutes Abuse under Law?

Domestic abuse is also referred to as domestic violence. Under the law, domestic violence is considered a set of abusive acts which are perpetrated by a person in an intimate relationship against their partner.

Aside from physical abuse, domestic violence also consists of emotional and psychological abuse. Physical abuse can be simple and complex:

Simple physical abuse is the use of physical force with the purpose of causing injury or pain to another individual. This can be done through hitting, kicking, choking, etc.

Complex physical abuse is more serious. It is when the use of force is done with a weapon, when the force is excessive, or when the victim sustained serious injuries as a result of the force.

Emotional and psychological abuse can be simple or complex as well. Simple examples of emotional abuse in a marriage would be harassing, insulting, name-calling, threatening, and isolating the other person.

More complex instances of emotional and psychological abuse include repeated verbal and psychological attacks and threats, unreasonable restrictions of liberty and privacy, isolation, monitoring, and preventing the victim from leaving the relationship.

Domestic Violence in Men

Not all men who suffer from abuse opt to leave the relationship. Some of the reasons a man from a battered relationship may not want to leave the situation include financial, emotional, or religious reasons.

A man who stays in an abusive relationship may be afraid that he will lose custody of his children. He may also feel that the legal system will not be able to protect him in the same way that women are protected.

As a result, some men who are victims of abuse stay in the relationship until the abuse gets worse.

Can Male Victims of Abuse File for Divorce?

Men who are victims of abuse can file for divorce. Domestic abuse does not only happen to women; men can also be victims of abuse. However, even though a man can file for divorce, he may have to deal with complex legal situations. The man may be required to provide proof that he is a victim of abuse.

If there are no visible wounds, he may have to submit a certification of abuse from a doctor. If they have children together, they may have to file a child custody case. 

But that doesn't mean that male victims of abuse can't win in court. If a judge sees that there is a pattern of abuse, a man can file for divorce and get away from the abusive relationship. If their spouse is also proven to be abusive, child custody may be granted to the abused spouse.

Final Thoughts

Leaving an abusive relationship might not be easy, but it is possible. With the right legal representation, people who are victims of domestic abuse can file for divorce and get away from their abusive partners.

Escape your abusive relationship with the help of Hamilton Cahoon. We are divorce lawyers in Medicine Hat that provides competent and sympathetic advice on how to navigate this often-tumultuous time. Our lawyers and mediators can handle any type of family law matter, including divorce, common-law separations, custody/parenting, child and spousal support, marriage and common-law property, child representation, children’s counsel and offer mediation services in all these practice areas. Book a consultation today!