Divorce and custody disputes are often extremely emotionally-charged situations. Arguments can escalate quickly, and they sometimes result in criminal allegations that can catch even careful individuals by surprise.
In the state of Florida, domestic violence is tried harshly, and these charges not only add to a criminal record but can also affect the outcomes of divorce and child custody proceedings. If you are facing any sort of domestic violence allegations, you need to immediately seek out counsel from an experienced Pinellas County domestic battery lawyer.
High-conflict divorces can sometimes result in false, exaggerated, or strategically timed accusations. In some cases, genuine disagreements may escalate, and law enforcement may be called. In these situations, Florida law requires police to make an arrest if they have probable cause in a domestic violence situation, regardless of whether there are any visible injuries, due to the state’s mandatory arrest policy.
This means that a single heated argument or an allegation of threats being made can quickly result in arrest, even if the truth is different.
Once an individual gets arrested for domestic violence, there are immediate legal measures that are often imposed, which can include court-imposed no-contact orders and a requirement prohibiting the possession or use of any and all firearms. In other cases, temporary restrictions on contact with the domestic partner may impact child access or custody. On top of all of that, there is also the potential for a civil restraining order or injunction that is separate from any criminal charge.
The Courts treat domestic violence allegations very seriously. When determining custody arrangements, judges will consider any and all domestic violence claims. Even allegations that haven’t been proven or cases where charges were previously dismissed will play a factor in the Judge’s evaluation of bond conditions and the appropriate sentence, if convicted. A conviction, or even an active injunction, can result in loss of shared parental responsibility or limited supervised visitation.
It is also important to remember that criminal proceedings and family law cases operate independently. Just because an individual may be facing criminal charges does not mean that they can pause custody or divorce proceedings, because both can move forward at the same time.
Defending against domestic violence allegations requires evidence to be carefully analyzed and where appropriate, disputed. A careful, evidence-based approach is needed, even when emotions are running high. Common strategies tend to include exposing inconsistencies in the accuser’s story, presenting text messages, emails, or witness statements, and demonstrating a motive for false reporting, such as gaining custody advantage or revenge. Your attorney may also choose to challenge the accuracy of police reports or any other evidence collected during the referenced high conflict situations.
Most importantly, anyone facing allegations should remain silent and allow a Pinellas County domestic battery attorney to manage all communications with law enforcement, courts, and opposing parties.
Divorce and custody battle proceedings are stressful enough. If you are facing a domestic violence charge on top of that, you need to seek out help as soon as possible. Consulting a skilled Pinellas County domestic battery lawyer early can protect your rights, help you navigate criminal and family court proceedings, and make sure that your side of the story is fully represented as effectively as possible.
Request a free case consultation with a leading Pinellas County domestic battery attorney or call today at (727) 493-9386.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.