Domestic Violence Claims for Child Custody in California
If you are involved in a child custody dispute and there is a claim of domestic violence, this is a serious legal situation that demands immediate assistance from a skilled Los Angeles domestic violence attorney.
At Cron, Israels & Stark, we have achieved the highest possible rating from Martindale-Hubbell®, AV®, or “preeminent” in criminal law. We are aware that you, as a parent can be accused of domestic violence and this issue could have a terrible impact on your ability to retain custody of your children.
When a divorcing spouse accuses you of domestic violence and is trying to create a situation that would lead losing the legal right to share time with your children, legal action must be taken to protect your parental rights.
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 that has witnessed domestic violence is considered under state law to be a victim of domestic violence themselves.
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 can be charged and the child could be removed. False accusations of domestic violence are a real danger to your ability to raise your child.
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 skill. This is only one of the issues that our legal team has the ability to address.
A parent that 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 job is to overcome this presumption, and make it clear to the court that that parent is not a danger to the children, and that it would be in their best interests to award custody to that parent. This will require a “preponderance of the evidence” that shows why you deserve to care for your children.
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.
The first option is to fight the charges aggressively. We 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 the long hours to craft a defense case that has a better chance of success, and as trial lawyers, we know what it takes. Call today for more information.