Child Custody and Domestic Violence Allegations
Child custody and domestic violence allegations go hand in hand in almost all of the United States. It is almost predictable that – when fighting for custody of your child or children, a parent will do almost anything. Here’s the rub – false allegations of child abuse are the vehicles of destruction in the many lives affected in a child custody battle.
Here is a brief and incomplete list of the impacts of even an allegation of domestic violence in a family law based divorce or custody action.
Child Custody and Domestic Violence Allegations
At present 48 states have child custody statutes that consider domestic violence in the awarding of custody.
The laws of these states provide either that:
(a) a rebuttable presumption (meaning a judge presumes the allegation to be true) that if there is an allegation of domestic violence – the alleged perpetrator should NOT be awarded custody,
or
(b) domestic violence is one factor to be considered by the court when determining the best interests of the child.
The National Model Code (§ 401) of the National Council of Juvenile and Family Court Judges provides for the same rebuttable presumption that “it is detrimental to the children for perpetrators of domestic violence to be given any custodial role”
And Model Code § 402 provides that domestic violence must be considered in any custody or visitation proceeding.
Most states now also require that judges must consider the presence of domestic violence when granting the non-custodial parent visitation.
Child Custody and Domestic Violence Allegations – Property Division
When domestic violence is weighed into the determination of an appropriate property distribution upon divorce, the most common result is that the wife (the spouse who is typically the one allegedly abused) is given a larger portion of the marital estate than she might have received otherwise.
Child Custody and Domestic Violence Allegations – Family Court Mediation
While mediation is the most widely accepted method of resolving custodial and financial issues in divorce….mediation is often “avoided” in cases where there has been an alleged pattern of domestic violence. The allegation alone is enough to taint all aspects of the negotiation process, and mediation is considered no longer “appropriate.”
Child Custody and Domestic Violence Allegations – The Tort Law Causes of Action
So called ” domestic torts” are now used to compensate the victims of domestic violence. Legal theories used in domestic violence cases include:
- negligence,
- negligent infliction of emotional distress,
- negligence per se,
- defamation,
- deceit and fraudulent misrepresentation,
- false imprisonment,
- intentional infliction of emotional distress,
- wrongful death,
- assault and battery,
- and an implied cause of action for violation of a criminal statute.
The Impact Of Domestic Violence Allegations In Colorado – Conclusion
One of the chief of the chief reasons for charges of domestic violence in unhappy marriages that are heading to divorce court – is the advantage just making the allegation has on a Family Law Court Judge. With that in mind – an individual innocent of these charges should fight as hard as he or she can to compel the dismissal of the charges in the criminal courts BEFORE they can be unfairly used in the civil courts.
Recap Of the Consequences – Collateral Impact Of a Colorado Domestic Violence On Your Family Law Case
Child Custody – Impact on the decision to award physical custody of a child to a person convicted of domestic violence or abuse.
Domestic Case Mediation – No mediation in family law court with a finding that domestic abuse has occurred.
Restraining Orders – No Contact Orders – Criminal and or Family Law Courts will issues a restraining order prohibiting the alleged domestic violence perpetrator from all contact with the victim directly, indirectly or through third parties via letters, phone calls, emails or messages, notwithstanding who initiates the contact or not. Any violation of the restraining order results in new charges for the Colorado Crime of Violation of A Restraining Order
Ordered From the Family Home – Court’s routinely order an alleged domestic violence perpetrator from the family residence denying him or her of their own property – which includes assets and property within the residence, EVEN IF the defendant is the sole owner.
Supervised visits with the police as an escort – (civil assists) – to pick up small amounts of property can sometimes be arranged.
Denial of Parenting Time – Civil or Criminal Restraining orders restrict a defendant’s contact with his children, in certain situations where allegations of child abuse – such as the presence of a child during an argument. No contact with his children or even supervised visitation may be the result of the DV allegation.
Please call our law firm if you have questions about ..
Child Custody and Domestic Violence Allegations
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277
If you have questions about Child Custody and Domestic Violence Allegations in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters as regards Child Custody and Domestic Violence Allegations.