Domestic violence accusations in divorce are serious allegations that can affect the outcome of divorce. In some cases domestic violence allegations can result in criminal consequences.
How Do Domestic Violence Accusations Become A Part of Divorce?
Domestic violence accusations may arise during a contentious divorce. One party may accuse the other of domestic violence, and this can be used as evidence that someone is an unfit parent, or affect custody.
What is a Domestic Violence Restraining Order?
Domestic violence accusations in a divorce sometimes start with someone filing a 209A Domestic Violence Restraining Order, also known as an Abuse Prevention Order. The subject of the restraining order is required to stay a certain distance away from a person, their home, and their workplace, and contact with that person is prohibited. A 209A restraining order applies to people who have been in an intimate relationship, shared a household, share children together or are related by blood or marriage. Therefore, if you’re married to a person who obtains a protective order against you, you may be required to vacate any home you share with them and your children.
When Do Domestic Violence Accusations Result in Criminal Consequences?
A domestic violence accusation could result in criminal consequences if a police report is filed, the police press charges and there is a decision to prosecute. Another common way that a domestic violence accusation becomes a crime is if an order is violated. Violating a restraining order is a serious crime that could lead to jail.
How Can An Accusation of Domestic Violence Affect Your Divorce?
Although the courts can’t punish someone who is accused of domestic violence in a divorce, they can factor in domestic violence accusations in their child custody evaluations and alimony and property division awards. You may be wondering how a domestic violence accusation could affect property division, for example. If someone can prove that alleged domestic violence has impacted marital finances or their ability to work, they may be able to receive more in a divorce settlement or alimony. Accusations of domestic violence could lead to reduced visitation time and the loss of custody of minor children.
Why Do I Need A Divorce Attorney Who Knows Criminal Law If I Am Accused of Domestic Violence in my Divorce?
Divorce is a difficult time of heightened emotions and conflict. Domestic violence allegations have the power to seriously disadvantage the subject of the allegations and they will almost certainly disrupt a parent’s relationship with their child. They may also have more serious consequences for an individual if these become criminal charges by affecting the ability to obtain or maintain employment.
At a hearing for someone who is facing an extended restraining order, expert legal representation is essential. It’s better if the person advising you during any domestic violence proceedings understands issues surrounding family law and divorce.
If someone is charged with a charge of domestic assault or domestic assault and battery during a divorce, it is important to retain a lawyer that not only practices criminal law, but understands how the criminal charges may impact the divorce; and conversely, how the divorce may affect the criminal charges.
Why should I hire Fleischer Law Solutions, PLLC?
At Fleischer Law Solutions, PLLC, we have expertise in divorce and family law as well as criminal law. We are experienced in representing our clients in either the criminal matter, the family matter or both matters. Our expertise in both arenas allows us to work with either the criminal or family or divorce attorney to coordinate your defense and assist in achieving the best possible outcome given the particular facts and circumstances of the case. Please contact our team to learn more at 978-871-2928.