Is domestic violence grounds for annulment?
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Is domestic violence grounds for annulment?
About 2 weeks after our marrriage my husband and I had a fight. He ended up hitting me in the head so hard it shattered my eardrum and gave me whiplash. My family and I fear for our safety.
Asked on December 2, 2011 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be ample grounds for a divorce; it would also be grounds potentially for a protective order and even criminal prosecution. However, it is not grounds for an annulment. An annulment is technically only granted for a "fraud" involving the marriage--e.g. one spouse turns out to be already married to another, to be underage, to be mentally incompetent, or to have lied about something very significant, such as intention to have children or sexual orientation. Essentially, annulment is for when the marriage should never have happened in the first place, not when on spouse provides grounds--even very good grounds--for the other to leave.
You should consult with a family law attorney to understand all your rights and options.
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