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Wednesday , July 24 2019

Lot of evidence needed when filing divorce case

When filing for divorce because of spousal abuse, the first thing you must consider is the fact that being harmed means the relationship has reached a level where negotiations or simple talks are no longer beneficial in clarifying any kind of misunderstanding between spouses.

It is even more difficult if parents cannot take care of their children properly because of fights between them such that the only solution to have a normal life is to split up.

Courts witnessed the filing of a large number of divorce lawsuits against those who abused their spouses. The legal definition of abuse is not limited to inflicting physical harm as it can be done through other means like swearing, insulting or slandering. All these are acts punishable by the Criminal Law. There is a difference between being insulted directly (face-to-face) or being insulted in a text message or a phone call. If one of the spouses uses the phone to commit such crimes, law number 63 for the year 2015 on information technology crimes will be applied. This law stipulates imprisonment for a period not exceeding two years for those who commit such crimes. The Public Prosecution will investigate after the complaint is filed. If the act was carried out face-to-face, the investigators in police stations will look into the complaint.

According to the Criminal Law, it is very important to note that a complaint filed in police stations must include evidence to ensure it is not just a false claim; unlike text messages as it is easier to show the messages to the prosecutor to prove the claim.

If your spouse beat you or harmed you physically, you must obtain a medical report from the nearest hospital before going to the police station. This medical report will be your evidence and the key for starting an investigation. The investigator will not take any step unless he sees the report, although it does not mean this is the final report. The investigator will ask the Forensic Medicine Department to examine you to substantiate your claim. This is for the experts to determine if another person beat you, that you did not harm yourself and faked an injury to frame your spouse.

However, a final note must be taken into consideration before taking these steps and it is for the expatriates. I noticed in most divorce cases I handled and criminal cases filed against spouses that the male spouse tries to blackmail the wife by canceling her visa or residency permit, so she will not be able to follow up the case or even stay in the country. Instead of being the victim, she suddenly finds herself in violation of the Residency Law and wanted by immigration authorities.

Ladies, you have to be careful. You can transfer your visa to the company where you are working to save yourself and children. You have to take other steps. I am not saying this always happens, but it happens most of the time, because the male spouse knows that after beating and insulting you, the Central Jail will be waiting for him, so he will just send you somewhere far where you cannot do anything.

Remember, the Family Law stipulates presentation of a lot of evidence when filing a divorce case. I explained some of them previously. You must have a strategy that will help you instead of losing your life.

Email: lawyeratyabalshatti@gmail.com

By Atyab Alshatti, Esq.

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