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Luke Scardigno

How will domestic violence affect your custody rights?

On Behalf of | Aug 22, 2022 | Domestic Violence

Domestic violence accusations often crop up when the relationship between two parents is strained. It can make the accused’s relationship with their kids much more complicated.

Here are some things that could happen:

You are temporarily barred from seeing your kids

If your partner gets a restraining order against you, seeing your kids will be more difficult. If you are not allowed to enter or even go near the family home, that instantly reduces the time you spend with your children. 

If your accuser tells the police you threatened or harmed the kids, a judge may bar you from seeing them at all until they can investigate further. What happens next will depend on the final findings.

Domestic violence can lead to restricted custody rights

Let’s say that after accusing you of domestic violence, your partner moves out or if you are married, files for divorce. A judge will consider their accusations when deciding on custody and visitation.

They must look at what is in the child’s best interests. If your spouse can convince them that your alleged actions were damaging to the child (even if they do not accuse you of directly harming the child), a judge may restrict your time with your child. 

For starters, they may decide the child should live with the other parent and that you only get visitation rights. They may, however, determine that you can only visit under supervision from a third party.

Aside from all that, your child will undoubtedly learn about the accusations. If they believe their other parent, they may distance themself from you of their own accord.

If you face domestic violence charges, it is essential to get legal help early to try and limit the effects the accusations have on your relationship with your children.

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