Leading Child Custody Attorney Johnson County Clarifies The Effects Of Domestic Violence Charges

By Edward Bailey


The courts make decisions around child custody matters based on what they feel would be in the best interests of the involved children. That said, allegations of domestic violence can sway the kind of decisions that can be made by the courts. After all, victims of trauma can undergo long-term emotional and psychological damage and this means that their entire lives would be affected. If you need to find a reliable child custody attorney Johnson County would be an excellent place to begin your research.

It is standard protocol for the judges to consider a history of violence before they pass their ruling. Depending on the accusations made, the outcome of a case could be impacted in one way or another. Because each case has unique criteria of handling custody disputes, the need to work with a seasoned local attorney should not be underestimated.

In the majorities of states, judges have to conclude that domestic violence, child abuse and even child negligence are detrimental to the welfare of any child. Because of this, a parent accused of such crimes may not get primary custody of their children. The final outcome of a case will however be influenced by various other aspects.

Within the criminal justice system, one is guilty of a crime if the prosecutor can prove that the defendant was violent without reasonable doubt. Unfortunately, things are a little different in the family courts and the judge will have to assume that the defendant is guilty until proven innocent. Just as long as reasonable proof can be tabled, this will be enough grounds for the experts to assume that the accused is potentially violent.

That said, even mere allegations are bound to be factored in before a child custody matter can be resolved. This is irrespective of whether your spouse did not report the issue, you were acquitted or the prosecutor opted not to file charges. Either way, the defendant will be assumed to be potentially violent.

When an issue of domestic violence is seen not to have affected the kids in any way, the judges may decide to grant unsupervised visitation rights. While this may be their ruling, it does not mean that the Children Service will no longer be on your case. They could view the allegations and enough reason to have your kid removed from your custody.

An extreme case that is supported by substantial proof can easily lead to the termination of parental rights. In some cases, the courts could decide that it is not enough to simply grant a parent supervised visitation rights. This is more so the case if a past incident involved serious physical or sexual abuse.

It pays to work with a seasoned lawyer if you are being accused of domestic violence. It is even more vital to find a dependable expert if you want to protect your kids from a potentially violent spouse. Either way, your best chances of going home with a favorable outcome may highly depend on the proficiency levels of the lawyer you hire.




About the Author: