Domestic violence allegations and visitation rights

On Behalf of | Oct 21, 2020 | Child Custody |

If you are a parent facing domestic violence charges, you need to review the different ways these allegations could affect your life and your ability to spend time with your child. Parents accused of domestic violence face many different hardships, whether they lose a custody battle because of the allegations or they experience problems in their relationship with their kids (such as adult children who cut ties due to domestic violence accusations, even if the claims are untrue). However, domestic violence allegations are especially concerning for parents who are fighting for their visitation rights.

According to the Child Welfare Information Gateway, domestic violence allegations can impact how custody is awarded and a parent’s ability to see their child. Sometimes, parents are unable to see their kids altogether because their ex accused them of domestic violence, even if the claims were completely fabricated.

How can domestic violence charges affect visitation?

There are different ways in which domestic violence accusations can affect a custody decision or a parent’s ability to have visitation rights. For example, a parent accused of domestic violence during divorce could lose the ability to have visitation rights because their ex accused them of physical or verbal abuse and claimed that they pose a threat to the child’s safety. Moreover, if you ended your marriage a long time ago, domestic violence charges can interfere with your visitation rights, such as a restraining order that prevents you from having any contact with your former spouse and children.

How can you safeguard your visitation rights amid these claims?

If you are facing allegations of domestic violence, you need to stand up for your rights and go over every detail of your case. Carefully prepare your defense and understand the legal strategies that are on the table. Moreover, try to remain calm and address negative emotions such as anxiety, depression or anger, and do not let these feelings interfere with your case.

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