Domestic violence cases can result in serious repercussions for someone who is the accused party in the case. In addition to potential prison term and fines, you may also face various other forms of penalties if convicted of a domestic violence offense. This is why it is critically important to get the help of Boise domestic battery attorney when you face a domestic violence allegation.
One of the most shattering outcomes of a domestic violence conviction is that you may no longer be allowed to live with your children or meet them. This can drastically impact your life. A court may then determine child custody rights, both for you and the spouse or partner who leveled domestic violence allegations against you. Here is a look at how such custody works.
How Is Child Custody Determined?
When defining child custody rights in a domestic violence case, the court takes into consideration several things. The ultimate aim of the legal system is to ensure the wellbeing and safety of a child without any unnecessary restrictions.
To this end, the court will consider the following things when determining child custody:
- The health and wellbeing of the child
- Educational needs and requirements of the child
- The wishes of the child
- The nature and closeness of the child’s relationship with each parent
- The nature of the child’s relationship with other siblings
- The need for a stable life and general welfare of the child
- The occurrence of domestic violence
- Any involvement of the child in a domestic violence incident, as a witness or a victim
These are all the factors that the court will decide in awarding the legal and physical custody of the child to each parent. In most cases, it will be determined where the child will live and how much time the child will spend with each parent.
Impact of Domestic Violence on Child Custody
Most child custody issues arise after the parents get divorced, or when they separate after a domestic violence incident. The circumstances that lead to their separation have a huge bearing on which way the child custody is settled eventually.
In general, a court will take the view that if a parent is convicted of domestic violence, he or she is unfit to care for the child. This is why when a legal case over child custody rights begins, the court asks both parents to provide details of the other partner’s past conduct. This involves sharing any domestic violence cases in which the other parent may have been involved. This also includes any previous protective orders that may have been issued against either of the parents.
If one of the parents alleges that the other committed domestic violence in the past, a court decision regarding custody rights can’t be reached until the matter of domestic violence is resolved. If the allegation is proved, the accused parent is likely to lose all or most of the custody rights. If the allegation turns out to be false, the parent making the false allegation is likely to face penalties of like nature.
Limited or Supervised Visitation
If one of the parents is found guilty of domestic violence, the court may award legal custody of the child to the other parent. The indicted parent will then have limited or supervised visitation rights.
In supervised visitation, the non-custodial parent is allowed to meet the child in a supervised visit. The person tasked with supervising the meeting may be a professional provider or a non-professional provider.
A professional provider is someone who is specifically trained for the job and is usually appointed by a court. If the court ordains that a professional provider should supervise the visit, the non-custodial parent will be required to pay supervision fees to the provider. In the case of a non-professional provider, there are typically no supervision fees as such a person is usually a family member or close friend of the parents.
Why Hire a Boise Domestic Violence Attorney?
Being accused of domestic violence can be a life-changing incident. Not only do you have to face the prospect of criminal penalties, but you may also be barred from seeing or meeting your children. This is why it is vitally important to hire a reliable Boise domestic violence attorney in order to defend yourself against the charge.
Here at Hooper Law Offices, we work to ensure that you are fairly represented and defended in a domestic battery case. Our aim is to have the charges against you dropped or reduced to a minimum. Call us today to discuss your case with our attorneys.