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A Domestic Violence Arrest and Your Divorce

Domestic violence charges often have far-reaching and significant effects on divorce proceedings. The violence may mean that mediation is not an option, and charges of violence may affect child custody, and the distribution of property. Mediation is used as a settlement tool in many divorce cases, but the results may not be completely satisfactory if you are charged with domestic violence. If a judge decides your divorce case, he or she may consider the allegations of domestic violence in making the final ruling in your case. It is thus especially important that you contact an experienced criminal defense lawyer if domestic violence charges are brought against you during a divorce proceeding. Contact a defense attorney without delay.

If you have questions about A Domestic Violence Arrest and Your Divorce, contact a Owen Domestic Violence Arrest attorneys now.

Domestic Violence and Mediation

Charges of domestic violence can complicate divorce mediation. Mediators generally are trained to focus on the potential dangers domestic violence poses to the victims. Even a well-meaning mediator may be subconsciously swayed by a domestic violence conviction. Contact an experienced criminal defense attorney before you agree to mediation if you have been arrested for or convicted of a domestic violence offense.

Property Distribution

Most courts do not consider the how the parties behaved during the marriage when dividing the marital or community property. However, in those states that do consider marital misconduct or fault in divorce proceedings, most will take into account acts of domestic violence that happened during the marriage, when property is distributed. In those cases, spousal or child abuse is especially relevant, especially if it occurred several times. In some cases, courts require truly outrageous conduct, or some link between the abuse and the divorce action, before considering domestic violence in determining property distribution. However, in many courts, if the abuse occurred during the marriage, the court will award a greater share of the marital or community property to the abused spouse than it would have without the abuse.

Most cases in which domestic violence is a factor in property distribution involve claims of spousal abuse. For example, one court found that a husband's physical abuse of his wife was relevant in determining whether a permanent alimony award was appropriate, especially because the wife's fragile emotional condition was caused by her husband's abuse. Other courts have found that a husband's physical abuse to his wife during marriage does not justify unequal property division unless the abuse caused an adverse economic impact.

The effect of domestic violence on property distribution is complicated and varies greatly from state to state. If you have been charged with domestic violence during a divorce, contact an attorney as soon as possible to ensure that the charge has the least possible effect on the property distribution.

Child Custody

Several states have recently enacted state laws regarding custody and domestic violence. Under some of these laws, if a party was a perpetrator of domestic violence during the recent past, there is a very strong presumption that he or she should not share custody with the victim-parent. Typically, if the court finds that a person has committed domestic violence within the given time period, that person must overcome the presumption that neither physical or legal custody should be granted to him or her and that that the victim of the violence should obtain sole physical and legal custody of the child. An accused may rebut the presumption under certain circumstances, such as cases where custody with the batterer is in the child's best interests and the perpetrator successfully completed a batterer's treatment program, an alcohol or drug abuse counseling program, or a parenting class. Also, a court will also consider the number of incidents of domestic violence. If both parents are perpetrators of domestic violence, most such statutes do not apply.

Laws such as these can make it very difficult to gain custody of a child if your spouse alleges domestic violence. Therefore, if you are in a state with such a law and if you are accused of domestic violence, you must fight those allegations aggressively, if you are interested in obtaining joint custody. Contacting a defense attorney as soon as the allegations are made affords you the best chance of obtaining joint custody.

Conclusion

A domestic violence allegation, arrest or conviction can complicate divorce proceedings and affect property distribution and child custody issues. An experienced criminal defense firm understands the potentially devastating effects of domestic violence in a divorce proceeding and will use its experience to provide you with the best possible defense available to you.

If you have questions about A Domestic Violence Arrest and Your Divorce, contact a lawyer familiar with Indiana Domestic Violence Laws.

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