In many divorce cases, domestic violence allegations are raised. Sometimes an accusation of child abuse is based on truth, but other times a bitter spouse lies about child abuse in an effort to get full custody of the kids.
If your spouse is falsely accusing you of child abuse, you must take these allegations seriously, and seek the advice of an attorney. If you are convicted of domestic violence, it will have criminal consequences such as heavy fines and incarceration, but from a family law perspective, it could affect:
What does domestic violence entail? It involves hitting, kicking, scaring, pulling hair, pushing, stalking, throwing things, sexual assault, and threatening to do any of these things. It also includes any actions that places a family member in fear of being hurt. Domestic violence isn't limited to "physical abuse," it can also be written or spoken.
How Courts Decide on Domestic Violence
Family law judges in California treat cases as domestic violence cases if in the last 5 years, a parent was convicted of child abuse or domestic violence against the other parent, or any court has decided that one of the parents has committed domestic violence against the children or the other parent.
If you're being falsely accused of child abuse, it's important that you know that if the judge decides that you have committed domestic violence within the past 5 years, the judge cannot give you custody of your children, however, the judge can give you visitation.
Your divorce, and more importantly, your relationship with your kids are at risk. Even if you're innocent, it's critical that you are represented by an experienced lawyer who can protect your parental rights.
If you're getting divorced and your spouse is accusing you of child abuse, contact a Los Angeles child custody attorney from Claery & Green, LLP for a free case evaluation.