Top Child Custody Attorney Johnson County Explains The Implications Of Domestic Violence Charges

By Edward Bailey


When it comes to deciding matters of child custody, the courts are always compelled to make a ruling that suits the best interests of the kids that are involved. This means that issues of domestic violence can play a major role in swaying the decisions of the judges. In the end, kids who go through traumatic childhood evens undergo emotional and psychological damage that can affect them for the rest of their lives. When searching for the best child custody attorney Johnson County is one of the best areas where you could base initial research.

It is standard protocol for the judges to consider a history of violence before they pass their ruling. Depending on the accusations made, the outcome of a case could be impacted in one way or another. Because each case has unique criteria of handling custody disputes, the need to work with a seasoned local attorney should not be underestimated.

Traumatic events are detrimental to the well-being and welfare of any kid. Parents accused of committing a crime are therefore less likely to be granted primary custody of their little ones. Even so, there are numerous other aspects that have to be taken into account before the final ruling is made.

Prosecutors are required to prove beyond reasonable doubt that the defendant indeed committed the crime of being violent within the family setting. Beyond reasonable doubt remains the standard of proof within the criminal justice system. Unfortunately, this is not the case when it comes to how matters are handled in the family courts. In this case, the judge will only need a preponderance of proof that shows that an incident occurred.

In short, allegations have to be considered before a ruling is made. This is regardless of whether a domestic abuse case was not reported, it was reported and you got acquitted or even if the prosecutor handling the case decided not to file the charges. As mentioned early, the judges will view the defendant as a possibly violent individual.

When an issue of domestic violence is seen not to have affected the kids in any way, the judges may decide to grant unsupervised visitation rights. While this may be their ruling, it does not mean that the Children Service will no longer be on your case. They could view the allegations and enough reason to have your kid removed 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.

Simply because your past is tainted with charges related to domestic violence does not mean that all is lost. Then again, if you were the victim, the need to ensure that your children are protected from a violent parent should not be underestimated. In both scenarios, there is a dire need for one to hire a top rated local attorney.




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