Getting custody with a domestic violence record

On Behalf of | Feb 15, 2019 | Criminal Defense

Any charge could end up leaving you with long-term consequences, should you receive a guilty verdict. At Beebe and O’Neil, we advise our clients to take any criminal allegations in Connecticut very seriously.

However, there are potential consequences of certain crimes that may surprise you. One example is assault, especially in a domestic setting. Having this on your record could affect both your public and private lives.

Convictions of domestic assault typically have a large impact on divorce proceedings. Specifically, if you and your spouse were to file for divorce and be unable to agree on a parenting plan, a judge would have to take any possibility of domestic violence into account when deciding on the child custody schedule.

Connecticut law defines family violence as abusive behavior that lets one person gain power over another. Furthermore, there must be a pattern of this behavior. Chances are that the family law attorney representing your spouse would see a domestic violence arrest, charge or conviction on your record as an opportunity to argue that such a pattern of violence existed.

Your first priority would probably be to reduce the severity of your domestic assault charges by negotiating with the state’s attorney. If negotiations were unsuccessful, you would need to present the facts of your case in the most advantageous way possible and illuminate any wrongdoing or breach of procedure on behalf of investigatory personnel.

Even if you were unsuccessful in these efforts, it would be important to continue to fight for your rights as a parent. Although the judge in a divorce case must consider domestic violence, it is not the only factor. The best interests of the child are at the forefront of any Connecticut family court judge’s considerations. Please read more on our main site.


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