Domestic Violence Accusations Can Affect Child Custody

Written by:Julian Stroleny PortraitJulian Stroleny

False accusations of domestic violence are, unfortunately, too common in the family courts of Miami. In the most serious cases, these accusations can be grounds for denying a parent legal custody of – or even visitation with – their children. Family court judges often rely on a jury’s findings of domestic violence in making custody rulings. This is why it is so important that parents accused of domestic violence seek the advice of an experienced Miami criminal defense attorney. A domestic violence conviction can impact a parent’s legal rights for years to come.

If you or a loved one has been accused of domestic violence, it is important to consult with an experienced criminal defense attorney before entering into any plea agreement or standing trial on the charges. Both of these actions can impact subsequent child custody litigation. Call Stroleny Law: Criminal Defense Attorney at 305-615-1285 for a free phone consultation. Our experienced Miami domestic violence attorney will help protect your legal rights throughout the criminal court process.

How Domestic Violence Convictions Are Used in a Child Custody Case

Section 61.13(c)(2) of the Florida Statutes contains a critical provision to child custody determinations. A domestic violence conviction (of a first-degree misdemeanor or higher) creates a rebuttable presumption of detriment to the child. This can be grounds for ordering supervised visitation or even suspending a parent’s visitation rights altogether. This is why it is so important to obtain the advice of a criminal defense attorney regarding any domestic violence charge.

A formal conviction by a criminal judge or jury is not the only result that can be used against a defendant in subsequent custody proceedings. A pretrial diversion agreement, a plea agreement, or a plea of nolo contendere can all be admitted to the family court as evidence of domestic violence. (A plea of nolo contendere means the defendant does not admit wrongdoing but agrees that there is evidence sufficient to convince a jury of his or her guilt.) It is therefore important to discuss all these options with a criminal defense attorney prior to resolving a domestic violence charge. Any statements made to police or prosecutors can be used against a defendant at his or her trial. Because criminal trials are a matter of public record, they can also be admitted as evidence in a family court proceeding. Consult with a Miami criminal defense attorney before making any statements to police regarding allegations of domestic violence.

Call Us Today for a Free Consultation with a Miami Criminal Defense Lawyer

The United States Constitution and Florida Constitution both protect the legal rights of those charged with crimes in the State of Florida. Unfortunately, the inflammatory nature of domestic violence accusations often leads to these rights being impaired (if not ignored entirely). By proceeding without the advice of an experienced Miami domestic violence attorney, defendants face the possibility of lifelong consequences on their criminal records, parenting rights, and even rights to gun ownership. Call Stroleny Law: Criminal Defense Attorney at 305-615-1285 today. Our experienced Miami criminal defense attorney will protect your constitutional rights at every stage of criminal prosecution.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Domestic Violence Attorney.

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