Domestic Violence and Divorce: A Defense Lawyer | Attorney’s Prospective.
As criminal defense lawyers | attorneys, we have a unique perspective on domestic violence cases and divorce. When charged with a domestic violence crime, a significant number of our clients want to work through the criminal process and reunite with the alleged victim; however, sometimes one party will decide they no longer want to pursue the relationship. If parties have not married or co-mingled their lives, this is an emotionally painful decision that time will heal but does not greatly affect finances or access to children. When parties are married or have co-mingled their lives, the decision to part has greater ramifications both emotionally and financially. Though pending criminal charges further complicate the situation, with the right set of lawyers | attorneys, you will get through it.
How does a Criminal Charge Affect a Divorce?
It can initially limit access to the family house, children and spouse.
Criminal judges often limit access to a spouse, family home and even children during the initial stages of a criminal case by entering No-Contact Orders as a condition of staying out of jail. These orders are relatively crude and not designed to set up a visitation schedule with children or allow anything but brief access to a family home for belongings via a Civil Standby. Unfortunately the real purpose of these No-Contact Orders is to immediately end contact between two parties to ensure safety and no more incidents. It is important that your criminal defense lawyer | attorney know how to work with a family law attorney to assure Orders are entered in a family law proceeding action (they are considered separate actions from a criminal proceeding). This is so the court can allow for visitation and access to belongings, and then use these orders to go back to the prosecuting attorney and criminal law judge to remove any aspects of the criminal No Contact Orders that are in conflict with the family law judge’s Orders. If this is not done, or if it’s done improperly, an individual can be found in compliance with a family law Order but out of compliance with the criminal No Contact Order and end up in jail and/or charged with a new crime of Violating a No-Contact Order (we have seen this happen as criminal law judges and prosecutors take their No-Contact Orders very seriously).
It creates an initial appearance that one party is the irrational one.
Domestic violence charges also affect a divorce by creating the appearance of danger and irrationality around the accused party. A domestic violence charge implies that someone cannot control their behavior or feelings, or both, and it puts courts and judges on high alert. As private defense lawyers | attorneys we either beat the allegations or guide clients through a process whereby we use professional evaluators to prove this is not true or will not continue to be a pattern. Our office will work in tandem with your family law lawyer to make the best use of the evaluations and resources.
Though you cannot change the facts, our criminal defense lawyers have dealt with a wide variety of conflict in domestic violence cases that involve divorce proceedings. Our lawyers know criminal cases are rarely as simple as the police reports claim and our clients hire us to make sure their rights are protected. Our firm has a distinct combination of courtroom experience, knowledge and temperament. Consultations are free but a poor choice in counsel is not. The first step is an appointment. Call us at 206-708-7852
