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Domestic Violence
DOMESTIC VIOLENCE
Is a very serious issue. In addition to being able to seek a petition for protection against domestic violence, domestic violence does affect issues related to timesharing, parental decision-making, and spousal support.
What is Domestic Violence?
Domestic Violence has a broad range of conduct which may qualify as domestic violence, which outlined is outlined here, but essentially includes actual violence or threats of violence.
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How does Domestic Violence Affect Child Custody?
Domestic Violence is one of the enumerated factors considered by the Court when determining the best interests of a minor child, whether an Order for Protection issued or a conviction was had. However, if there is a conviction of domestic violence, which is a 1st degree misdemeanor or higher, the Court cannot award timesharing or decision making authority to that parent, unless that parent proves he or she is not detrimental to the child.
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I've been served with a Petition for Protection Against Domestic Violence, what should I do?
You should immediately contact an attorney for representation. The entry of a domestic violence injunction against a person can have a long-term impact, including interfering with future work opportunities. An experienced attorney can help defend against the entry of a Final Injunction. Call our office for a confidential consultation.