When it comes to child custody cases, courts always focus on what is in the child’s best interest. Family law judges tend to view domestic violence accusations similarly to convictions.
The court may use such allegations against you in an emergency custody hearing, even though nothing is yet proven. A conviction on domestic violence charges could result in the court depriving you of your custodial rights for the foreseeable future.
Instances in which domestic violence charges are likely to affect your custody
A family law judge is likely to ask various questions before deciding whether to deprive a parent facing domestic violence charges of their custody or visitation rights. They may inquire about:
- Your prior history of domestic violence, if any
- The recency of your current charges
- Proof of the current allegations, if any
- Whether your co-parent or child was your alleged victim
- The severity of the allegations against you
A judge will likely want to know more about whether you continue to pose a danger to your alleged victims and the impact it had on them before deciding how such charges or a conviction may impact your custody in the long run.
Why you’ll want to put up a strong defense in your domestic violence case
Anytime you’re facing criminal charges can be scary because of the uncertainty in not knowing how a potential conviction may impact your life. Your charges can be even harder to digest if custody of your kids is hanging in the balance as well. You’ll want to craft a solid defense against such charges to achieve the best result in your case. Working with an experienced criminal law attorney is the wisest move you can make.