A Domestic Violence Conviction Can Affect Child Custody

Courts take domestic violence allegations extremely seriously when deciding child custody cases. The main reason for this fact is that there’s always the possibility of the accused parent harming the child or other family members later. It’s also for this reason that courts may side parent-accusers when determining child custody or visitation decisions while allegations of domestic violence are pending.

On the other hand, the consequences of being convicted of domestic violence could have extremely serious ramifications on child custody cases. And unfortunately, it’s very common for another parent to wrongly accuse the other parent of domestic abuse or violence to gain the upper hand in custody disputes. This could be heartbreaking and devastating for falsely accused parents.

Child Custody and Domestic Violence Allegations

Courts consider evidence of previous and recent domestic violence accusations when making custody decisions. In most cases, courts will deny custody to parents who have been accused if they determine that those parents pose a danger to their children or to the domestic violence victims, which are the accusers.

However, it is crucial to understand that courts will not just take an accuser’s allegations when evaluating custody cases involving domestic violence accusations. The courts will generally take into account:

·        Whether the alleged incidents of domestic abuse had an impact on the child or involved the child as a victim

·        Whether the alleged perpetrator will continue to threaten the child and/or other parent’s safety

·        The frequency and severity of the domestic abuse incidents, which the court might consider strong indicators of possible violent behavior             in the future

·        Whether the child’s best interests would be better served by granting the allegedly abusive parent joint child custody

·        Whether the alleged abusive parent has a pending criminal case against them

·        Police reports detailing the incidents of alleged domestic violence

·        Any evidence, including photos, videos, testimonies, etc. to support the accuser’s claims

Visitation Arrangements and Domestic Violence Accusations

Besides affecting child custody decisions, domestic violence allegations will likewise affect whether the accused parent will be given visitation rights. The court can:

·        Order supervised visitation

·        Revoke the visitation rights of the accused parent temporarily or permanently

·        Revise the existing visitation arrangement, such as revoking overnight visitations

·        Order anger management classes, parenting classes, and/or substance abuse treatment programs

·        Issue an order of protection or restraining order

·        Order the alleged abuser to participate in family and domestic abuse counseling

Accused of Domestic Violence? Call Cohen Law Offices Today

If you have been wrongfully accused of domestic violence, call Cohen Law Offices at 715-514-5051 to arrange your free cases consultation. You should not ignore allegations of domestic violence and assume that the court will side with you because you are innocent. Just having a restraining or protective order against you could jeopardize your visitation and custody rights.

Additionally, domestic violence charges could impact your personal rights and job prospects. Don’t hesitate to discuss your case with our domestic violence defense attorney, who can defend your legal rights and ensure the best outcome for your case.