Domestic Violence Claims for Child Custody in California
When you're entangled in a child custody dispute with a domestic violence claim, it's crucial to act swiftly. This is a serious legal situation that demands immediate assistance from a skilled Los Angeles domestic violence attorney. Seeking help promptly is not just a reassurance that you're taking proactive steps, but a crucial step in protecting your rights and your children.
We understand the complexities of domestic violence claims in child custody disputes.
As a parent, being accused of domestic violence can be distressing, but with our experienced team by your side, you can feel confident that your case is in secure hands. We are here to provide you with the support and guidance you need during this challenging time.
When a divorcing spouse accuses you of domestic violence and is trying to create a situation that would lead to losing the legal right to share time with your children, legal action must be taken to protect your parental rights.
This legal action involves a series of intricate steps, including evidence collection, motion filing, and case presentation in court. Our seasoned California criminal defense attorneys at Cron, Israels & Stark are here to navigate you through this process, providing you with the guidance and support you need during this challenging time.
False Accusations of Domestic Violence
You are facing a dangerous legal problem if you are accused of domestic abuse, spousal abuse, or child abuse, even if the accusations are false. A child who has witnessed domestic violence is considered under state law to be a victim of domestic violence.
A child who is believed by the court to have suffered physical or emotional abuse from one parent is not likely to be granted custody or visitation without restrictions, such as a qualified chaperone.
In other cases, both parents are accused of domestic violence, and the children are removed from the parents' custody by Child Protective Services.
A parent who places their child in danger by allowing abuse to take place can also be charged with domestic violence, even in cases in which a caregiver inflicted the violence.
If the parent should have known that the caregiver was a danger to the child, the parent could be charged, and the child could be removed. False accusations of domestic violence are a real danger to your ability to raise your child.
Bias Toward an Alleged Victim
As domestic violence also includes emotional abuse, there can be a “he said, she said” situation. Unfortunately, there is a tendency to be biased towards an alleged victim, which must be overcome with a great deal of insight into the criminal justice process, as well as legal skills. This is only one of the issues that our legal team can address.
A parent who has been convicted of domestic violence within the past 5 years could have problems retaining or getting custody of children. There is a legal presumption that a parent convicted of domestic violence should not be awarded sole or joint custody of children.
Our role is to challenge this presumption and demonstrate to the court that you are not a threat to your children. We will present a “preponderance of the evidence” that supports your case, giving you reason to be hopeful about the outcome.
Why You Need a Defense Lawyer
We are skilled in resolving the most difficult domestic violence cases and have achieved many notable victories in court. If you are accused of domestic violence and are concerned that this will impact the custody of your children, you are correct.
The courts are not inclined to give custody to a parent who has been convicted of spousal abuse, stalking, or domestic violence.
A conviction could result in the loss of your parental rights, supervised visitation, or even the removal of your children from your custody. It's crucial to have a skilled defense lawyer on your side to fight these serious consequences.
For instance, if the alleged incident was not reported immediately or if there are inconsistencies in the accuser's statements, these can be used as evidence in your defense.
Our attorneys know how to defend against accusations of domestic violence, how the court views these issues, and what evidence to bring to court to support a case and win.
Each case is unique, and we urge you to contact us to discuss your situation. Once we take on a case, we work long hours to craft a defense case that is tailored to your unique circumstances and has a better chance of success. As trial lawyers, we understand what it takes to win. Call today for more information.
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