Domestic violence charges can have a huge impact on child custody decisions when a marriage is breaking up. There are times when a vengeful spouse will make unfounded accusations to get leverage in custody negotiations. When you’re in a child custody battle and domestic violence charges come up, it’s important to have a skilled and experienced Domestic Violence Lawyer on your side. Call 407-644-2466 for a free consultation with the Orlando Criminal Defense Attorneys at the Rivas Law Firm.
1. The Principle of the Child’s Best Interest
In Florida, as in most states, the guiding principle in determining child custody arrangements is the child’s best interest. A wide array of factors contributes to this determination, including the emotional ties between parents and the child, the parents’ moral fitness, and their mental and physical health.
When a parent is charged with domestic violence, it could raise concerns about the child’s safety. Courts may question whether it’s in the child’s best interest to maintain regular contact with a parent accused of domestic violence. The Rivas Law Firm understands the gravity of these allegations and can work to present evidence that counters the notion of risk and supports your role as a loving, capable parent.
2. Restraining Orders and No-Contact Orders
In many instances, domestic violence charges are accompanied by restraining orders or no-contact orders. These court orders can temporarily prevent you from seeing your child or entering your shared home. Navigating these orders can be difficult, and violations can lead to severe penalties. Our attorneys can help you understand the specific terms of these orders and guide you through the legal process to modify or lift them if appropriate.
3. Impact on Visitation
Even if you don’t lose custody, a domestic violence charge can affect your visitation rights. The court may impose certain restrictions or conditions to ensure the child’s safety, such as supervised visitation or orders that exchanges of the child occur in a public place or through a third party. At the Rivas Law Firm, we can assist you in proposing visitation arrangements that prioritize your child’s well-being while preserving your parent-child relationship.
4. Potential Loss of Custody
In severe cases or repeated instances of violence, a parent may lose custody rights altogether. However, this decision depends on various factors, such as the severity of the allegations, the evidence presented, and an assessment of the child’s physical and emotional well-being. Having experienced attorneys like those at the Rivas Law Firm can make a significant difference in the outcome of your case.
5. Effect on Future Proceedings
It’s important to note that a domestic violence charge can also influence future child custody proceedings. Courts may consider past allegations when making decisions, even if you were not convicted. This underscores the importance of having a knowledgeable attorney to navigate these complexities and defend your rights effectively.
While a domestic violence charge can indeed impact child custody in Florida, each case is unique, and many variables can influence the outcome. At the Rivas Law Firm, we understand the emotional toll these charges can take, especially when child custody is at stake. Our team of dedicated attorneys is ready to provide compassionate, comprehensive legal support to protect your rights and help you navigate this challenging situation. Call 407-644-2466 for a free consultation with the Orlando Domestic Violence Defense Attorneys at the Rivas Law Firm.