Top Child Custody Attorney Johnson County Explains The Implications 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 have to consider the violence histories of both parents before passing a ruling. Based on their findings, they could decide on the best way forward. You must understand that each case is unique and the protocol followed by your local courts could also be exclusive. It is therefore in your best interests to work with a competent, local child custody lawyer.

In most states, judges are forced to go with the assumption that child abuse, domestic violence and even issues of negligent guardians are detrimental to the well-being of any kid. That said, one may not get to the primary custodian of the kids if he or she has in the past faced domestic abuse charges. Even so, there are certain aspects that would play a major role in determining the outcome of the whole case.

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.

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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