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How could a domestic violence charge affect your custody case?

On Behalf of | Apr 14, 2022 | Domestic Violence

When issuing child custody orders, the court places the interests of the children first. It means that any situation on either parent’s side that affects the physical or mental well-being of the children will influence the court’s decision on custody matters.

Domestic violence is one of those things that the court considers when making a custody determination. Any charges could affect your custody arrangement or case in several ways.

You could lose physical custody or visitation rights

New York family courts favor the involvement of both parents in raising the child. As such, custody is usually shared between the parents in most cases. However, since domestic violence goes against the children’s best interests, you could lose physical custody of the children to your co-parent if you are charged or convicted of that kind of behavior.

In addition, the court may even curtail your visitation rights. For instance, your visits may have to be supervised by a court-appointed person or a professional to ensure the child is safe. In extreme cases, the court may issue a restraining order that prevents you from seeing the children or contacting them at all.

The importance of a solid defense

There is a lot at stake if you are facing domestic violence charges. A guilty verdict could impact the relationship you have with your children and you may no longer be involved in their lives as you would wish.

Therefore, it is crucial to have an informed and well-planned strategy for going against your domestic violence charges. While every situation is different, it is advisable to learn more about the possible defenses that could work for you and ensure a positive outcome of your trial. Your parental rights are on the line, and you should not take things lightly.