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.  

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.

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.

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