Heinrich Christian, PLLCHeinrich Christian, PLLC
512-333-4980
Main Contact

Domestic violence allegations during custody dispute

Domestic violence allegations can seriously raise the stakes in a divorce proceeding. If your partner receives a protective order (restraining order) that will further complicate your ability to negotiate informally with your ex-spouse and for you to visit your children. Protective orders prevent you from coming within a certain number of feet from someone. The restrictions are usually waived in places like courthouses, but you may want to speak to a lawyer for the specifics.

Every state uses the same generic standard when determining child custody, “best interests of the child.” Each state will express that rule in a different way. Some states require judges to consider the presence of domestic violence allegations while others do not mention domestic violence at all.

Regardless, however, just because the law does not explicitly name domestic violence as a factor, the judge can take anything into consideration. The only thing that binds the judge is to assess the situation as it relates to the best interests of the child. That means the judge will consider every piece of evidence and argument that posits a particular child’s emotional, physical, spiritual or intellectual health is better served in a certain way.

If you are going through a divorce and children are involved then you may want to speak to an attorney. Divorces are significantly more complicated when children are involved. Child custody disputes introduce an additional layer of evidence and arguments that are not easily addressed during the divorce proceedings. A lawyer can ensure that you present a strong case for both and divorce and reasonable parenting time.

No Comments

Leave a comment
Comment Information

Office Location
401 N. Lampasas Street
Round Rock, TX 78664

Toll Free: 800-906-6190
Phone: 512-333-4980
Fax: 512-485-4102
Lampasas Street Office Map

Email Us For A Response

Get a Consultation with an Experienced Attorney

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy