Wednesday 8 August 2018

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.

Judges must look into the violence histories of parents before a ruling is passed. Based on the accusations that are made, the decisions that the judges can make can be affected in one way or another. Because of the uniqueness of each case and the criteria used by the courts, the importance of hiring an experienced local lawyer should not be overlooked.

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.

In the criminal justice system, the prosecutor bears the burden of proof. This means that the accused is innocent until proved guilty beyond reasonable doubt. On the other hand, the family courts will assume that the allegations are true, unless you are proven innocent. This is merely done to ensure that the decisions made do not put the kids in potential danger.

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.

If the children were not directly affected by a domestic violence matter, the judges could decide to offer the defendant unsupervised visitation rights. This however does not mean that the Children Service will be off your case. If you are an accused, the Children Service could decide that mere allegations are enough bases to remove a child 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.

If your past is tainted with domestic violence charges, you cannot afford to overlook the need to have a lawyer in your corner. It also goes without saying that you need dependable legal representation if you want to save your kids from a potentially violent parent. In both cases, the attorney hired would play a significant role in determining the outcome that will be achieved.




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