Law Offices of Jonathan Gladstone
Free Consultations 410-777-8228
Effective Representation for Complex Issues

Will a domestic violence conviction affect my divorce proceedings?

It happened. You've got a domestic violence conviction on your record and now you're getting divorced. Will the conviction affect your chances of getting shared custody?

It's hard to say exactly how a domestic violence conviction will affect your particular case. Variables that may affect your divorce proceeding include facts such as the nature of the conviction, whether it was a misdemeanor or felony, how long ago the conviction occurred, whether the incident was a single occurrence or part of a pattern of behavior, and whether you have successfully completed all court-ordered requirements (for example counseling or anger-management classes.)

What kind of an attorney should I retain for my divorce?

There are many attorneys who practice both family law and criminal law. Retaining an attorney who practices in both areas can be of significant benefit to you. Attorneys who practice in both areas have often built relationships with judges who work in both family and criminal court.

If the judge assigned to your divorce does not have experience in criminal law (not all judges have experience in all areas of law), an experienced attorney with a dual practice can help ameliorate the judge's concerns regarding your relationship with your children.

Will a judge keep me from my kids?

Unless there are some exigent circumstances, it is unlikely that a judge will not grant you at least some time with your children. If circumstances surrounding the conviction were particularly egregious, the judge may order supervised visitation. In situations where the conviction is long since passed and you can show you've maintained a clean record since then, a shared custody arrangement may be in the realm of possibility.

What if I have a restraining order against me?

A restraining order is issued when there is an obvious threat to your spouse and/or children. If this is the case, you may need to demonstrate to the court that you are no longer a risk to your family. Being able to show that you have completed an appropriate course of therapy and remaining free of any new charges can help prove to a judge that you are sincere in your effort to change.

One final note: virtually no custody order is ever permanent. Even in healthy families, modifications often occur. If you work hard to change, the courts are likely to reward you with time with your children; after all, divorce occurs in family court--where the focus is on helping families.

No Comments

Leave a comment
Comment Information