False Allegations of Domestic Violence and the Effect on Child Custody
Provided by HG.org
When the mother or father receives charges of domestic violence, he or she may lose temporary custody of the children in the marriage or relationship unless quick legal action prevents the activity. The possibility of losing all visitation with children is one outcome of allegations that succeed in disrupting the life of the father or mother.
Child custody is usually the first effect a parent will feel when facing domestic violence charges. The other spouse or partner will often beseech judgment through the courts of the local county for emergency custody arrangements and a change of address to remove everyone from the abusive person. Then, the accused may face a restraining order, law enforcement charging him or her and either an arrest or some form of restraint such as jail time. If the person is not able to hire an experienced lawyer, he or she could lose the case even when innocent of the charges of domestic violence.
The Severity of the Allegations
With little to no advanced warning or notice, the accused may see his or her children taken away through a court order, emergency custody arrangements or from a restraining order. The other parent may take the children to a new address, with friends or family. There is no need to prove that the allegations are true before these actions occur. Unless the person is able to counteract the situation before these measures happen, the parent will need to prove he or she is innocent of any further possibility of reversing the orders occurs. Hiring a lawyer is usually the first thing the parent should accomplish before seeking to face the charges.
Once a person faces domestic violence charges, he or she may have little or no access to any children from the relationship. This usually includes monitored visitation. Any primary or sole custody of a child when the parent receives these charges may lose custody until the case concludes with a not guilty verdict. However, he or she may suffer from stigma in society before and during the trial. For those that still do not trust the individual afterward, the person may suffer greatly in a neighborhood he or she resides in the entire time. The charges could cause the individual the need to move. In the light of false accusations, a judge may remand the children back to the person accused.
Other Factors with Child Custody
The courts usually take the best interests of the child into account. This could influence who has custody and if any emergency custody arrangements are necessary in light of domestic violence charges. The preferences of a spouse are not something a judge will consider in usual circumstances. Testimony and allegations of domestic abuse could, however, change the mind of a judge and increase the chances of removing children from the home or ceasing visitation rights. It is vital to know how to proceed when false allegations affect the parent. After consulting with the lawyer, it is then necessary to affect a plan of action and progress until the case is won.
Definition and Complications of Domestic Violence
When a person faces allegations that are entirely untrue, he or she will often undergo severe scrutiny by others which may harm the ability to parent children in the neighborhood. In smaller towns, this is even more difficult due to the closeness of the citizens. The definition of the domestic violence may also include words that cause the community to treat the accused as a pariah. The words within accepted definitions may include threatening, harassing, disturbing and destroying. This could involve harming the spouse, hitting children, harassing family members and threatening those living in the home with potential violent outbursts.
Some complications that charges of domestic violence cause may affect the individual in greater or lesser ways. The judge may find the individual is a disturbance to the peace of the neighborhood when acting in an emotional way due to the false allegations. Then, any possibility of a peaceful outcome may disappear. Trying to keep custody of a child when the judge decides these types of decisions is often not possible.
Legal Support for False Allegations of Domestic Violence
Starting the case against the false allegations early is crucial. While mitigating the damage on a community level is important, it is also equally essential to work on proving that the individual claimed a false story about the domestic violence and the lawyer may help in this regard.
Read more on this legal issueHow to Lift a Restraining Order
Dealing with Domestic Violence
Legal Consequences of Child Abuse
How Do You Report Suspected Child Abuse or Neglect?
Domestic Violence against Men
Role of Private Investigators in Child Custody Cases
Family Services Investigation Dismissed - Can It Be Expunged?
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.