Allegations of spousal abuse may have an impact on divorce proceedings. Whether you are accused of domestic violence or you are the alleged victim, it may influence the judge’s decision- making and how your family law attorney presents your case to the court.
People who have been accused of spousal abuse have good reason to be concerned about how these allegations may affect them in terms of child custody. Cases, where domestic violence offenses occurred in the past, may not have as much relevance as pending criminal charges. Parents in these instances can still sometimes arrive at a child custody arrangement that suits all parties. However, when domestic violence has been alleged, it’s frequently impossible for the parents to agree on custody issues. This means that it may be left up to the judge to render a decision. The judge will consider the best interests of the child. A parent who has pending domestic violence charges might feel like he or she has no hope of maintaining a relationship with his children, but this is not necessarily the case.
What If The Allegations Are False?
False allegations of domestic violence are frequently made, particularly in situations where marriage dissolution is imminent. The judge in the custody or divorce matter may want to await the outcome of any pending criminal charges before making a custody decision. Several outcomes are possible, and you have the best chances of achieving a favorable outcome when you work with an experienced Poughkeepsie family law attorney. Your lawyer is your advocate before the court and your ally above all else. With your family law attorney fighting for your rights, you have a much better chance of obtaining the outcome you’re looking for.
Victims of Spousal Abuse
Victims of spousal abuse may also seek the assistance of a Hudson Valley attorney. The abused spouse needs particularly sensitive guidance during an extraordinarily difficult period. With the help of a compassionate, experienced family law attorney, abuse victims have an opportunity to build a new life with their children that is free from fear and intimidation. Demonstrating evidence of abuse may prove essential when it comes to seeking relief from the court. Your family law lawyer will help gather and preserve any necessary evidence that supports your case.
Keep in mind that divorces in New York may be filed under a fault or no-fault basis. No-fault proceedings cite an irretrievable breakdown of the marriage, and the spouses can generally expect an equitable distribution of marital property and a fair custody arrangement. Things change when a spouse files a fault-based divorce. Domestic violence constituting “cruel and inhuman treatment” under New York Domestic Relations Law § 170 is one of the most commonly cited reasons for a fault-based proceeding. If violence can be proven, then it may mean that the person accused of committing acts of violence will not be awarded primary custody, but they may still be permitted to have custodial or visitation rights.
If you want to file for a fault-based dissolution of marriage or you believe your spouse is about to do so, contact the Hudson Valley family law attorneys at Klein & Sanchez to have your case evaluated.