Checking in on Mental Health During Domestic Violence Awareness Month
Mental health and domestic violence are interconnected in ways that heighten risk and complicate family dynamics. Violent behavior is often triggered by untreated mental health conditions, leading to increased stress, aggression, confusion, and miscommunication. The trauma of domestic violence frequently leads to mental health struggles like PTSD, anxiety, or depression. Those at risk or in an ongoing abusive relationship often rely on their support systems, like friends and family, to remove themselves from dangerous situations. During Domestic Violence Awareness Month, we must take the time to recognize the relationship between mental health and domestic violence—and to take action when a loved one is affected.
If You’re Concerned About a Loved One’s Mental Illness
If you’re worried about a loved one’s mental health, your instinct may be to protect them, but the situation requires a lot of care and sensitivity. Here are some steps to take:
- Encourage Professional Help: Suggest counseling or therapy gently, framing it as an act of self-care and strength to reduce the stigma around mental illness.
- Offer Unconditional Support: Create a safe, nonjudgmental space for your loved one to share their struggles. Avoid criticism and focus on listening and offering consistent emotional support.
- Build a Support Network: Help create a trusted support network of family and friends to provide emotional and practical help, strengthening their foundation for seeking care.
Legal Implications of Mental Illness for Families
If left untreated, mental illness often leads to complex legal challenges, especially in family law and estate planning.
- Custody and Divorce: In child custody cases, Kentucky courts prioritize the best interests of the child, meaning untreated or severe mental illness that impacts parenting abilities may influence custody decisions. While mental illness alone may not disqualify a parent, violent behavior or erratic actions related to untreated conditions can result in limited custody or supervised visitation.
- Domestic Violence and Legal Protections: Mental illness doesn’t excuse violent behavior, but it can influence how courts approach domestic violence cases. Kentucky law offers protections for victims of domestic violence, including protective orders. In some cases, courts may also require the perpetrator to undergo mental health treatment alongside legal penalties.
- Capacity and Estate Planning: Mental illness raises questions about a person’s capacity to make legal decisions. In Kentucky, individuals creating or modifying legal documents, such as wills or powers of attorney, must have the mental capacity to do so. If a loved one’s mental illness impairs their ability to make sound decisions, seek legal guidance early to protect their interests and ensure that documents are legally valid.
- Guardianship and Conservatorship: For individuals who cannot manage their personal or financial affairs due to mental illness, Kentucky courts can appoint a guardian or conservator. Creating an estate plan with power of attorney ensures that someone trusted responsibly manages their care and finances. It requires careful legal consideration to balance autonomy and protection.
Legal Support for Families
At Hoffman Walker & Knauf, Attorneys at Law, we are here to help families with the legal aspects of these difficult situations. From securing protective orders to addressing estate planning or custody issues, we offer compassionate, effective legal solutions. Contact us at 859-371-2227 for assistance in protecting your family’s future.
