Top Child Custody Attorney Johnson County Explains The Implications 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.

Prosecutors are required to prove beyond reasonable doubt that the defendant indeed committed the crime of being violent within the family setting. Beyond reasonable doubt remains the standard of proof within the criminal justice system. Unfortunately, this is not the case when it comes to how matters are handled in the family courts. In this case, the judge will only need a preponderance of proof that shows that an incident occurred.

In short, allegations have to be considered before a ruling is made. This is regardless of whether a domestic abuse case was not reported, it was reported and you got acquitted or even if the prosecutor handling the case decided not to file the charges. As mentioned early, the judges will view the defendant as a possibly violent individual.

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.




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