The impact of domestic violence on child custody is misunderstood. There may have been past domestic violence. Your spouse may be violent toward your uncle. May be violent towards you. Does a domestic violence charge give you automatic child custody?
Click here to watch the video Does a Domestic Violence Charge Give You Automatic Child Custody – Michigan Law
Child custody will not necessarily change if domestic abuse is present. So, the response is no. You won’t necessarily get custody if you’re ex-spouse is charged with domestic violence. The answer is no if there is violence toward your uncle. It’s still not if it’s violence toward you. The domestic abuse directed at your children is given more weight by the court. The twelve best interest considerations are used by the court to make custody decisions. One of the twelve factors, domestic violence, is only one.
What do you mean by a domestic abuse charge?
Domestic violence allegations are handled according to a set procedure in Michigan.
Domestic violence is an assault or an assault and battery against a spouse or former spouse. It could be a person with whom the victim has ever been romantically involved. It can be against a person with whom the victim shares a child. It can also be against a person who is currently residing in the victim’s household. Or was formerly residing in the victim’s household.
Domestic violence laws cover claims of simple and severe assault. It is disobeying personal protection orders or aggravated stalking. It also means illegal sexual conduct, among other injuries.
The victims of domestic abuse might be anyone. Any age, race, gender, or social class is affected. It involves partners who live together or apart. It can also involve domestic partners who are dating or separated, parents, or kids. Domestic violence is a general term that refers to a variety of crimes.
It might affect your ongoing custody battle, other kids, or a different case. Depending on your career, it could have an impact on troubles with your employment.
When domestic abuse happens, major consequences ensue. Fines or jail time may be imposed for criminal offenses. It may also refer to no-contact orders. No-contact orders ban parent-child interaction. It may need the offender to leave the family home.
In practically every type of socioeconomic circumstance, domestic violence can happen. Those who commit domestic violence are law-abiding citizens. Persons without a history of violent crime. People who are not mean or who exhibit combative behavior. These are people who rarely engage in physical altercations.
How can anyone hope to recover from a domestic violence charge?
The first thing people should be aware of is how seriously Michigan’s courts treat domestic violence cases. Even if it was just a small occurrence. If you got detained and prosecuted, you should treat it seriously because the court will. The key is to get a capable attorney who can guide you through the process. Explain what counts and what doesn’t. You should receive advice on what to do and what to avoid. Most essential, give you the assistance you require. The kind of support to ensure that you come out of it as favorably as possible.
The most depressing realizations for individuals found guilty of domestic violence. The sentence continues long after they have completed their probation. Or served their time in jail. The criminal conviction will follow them wherever they go.
Domestic violence convictions may significantly affect any or all of the following:
[ a ] General Employment: Those found guilty of domestic violence will lose employment. This is work that entails caring for children. It includes employment using weapons or transporting hazardous products.
[ b ] Public Employment: Someone convicted of domestic violence has trouble landing a public position. Or keeping it. These are jobs such one in the police, the medical field, or education.
[ c ] Professional licenses: Your teaching or legal license, could be revoked. It can be challenging for you to get licenses in the future.
You may experience financial difficulty as a result of many of these consequences. It will make it much more difficult for you to manage your money. Financial difficulty can start even before the trial. You may have to leave your house and avoid communicating with the victim. It comes with these directives which are typical of these charges.
Domestic violence is not a crime committed only by criminals. Anybody can experience committing domestic violence, it could happen to anyone. The majority of those accused of domestic violence don’t have any kind of criminal history. It was just either a bad day or a failing relationship. Some are circumstances where someone called the police never even wanting them arrested. The police simply took over and made an arrest.
People will typically get better and continue living their lives. You will continue living your life. Live it in some fashion because life carries on regardless of what happens. The anxiety and stress that comes with the unknown. The fear of what might happen and how things might turn out for the worst. People usually affected are those stuck in the court system. Especially those who are not used to getting into trouble or have no history of bad behavior. This is worse than when the case is over. Even if they are on probation.
If my ex-spouse is accused of domestic violence, do I automatically get custody of my kids?
The family court decides custody rights in divorce and child custody cases. Or even cases involving protective services or CPS.
In most cases, a person won’t lose their parental rights just because of a domestic violence case. It is just one aspect that will be considered against them. It is presumed that the domestic violence wasn’t directed toward the children. Parental rights are far more affected by a domestic violence case involving a child.
Domestic violence is a behavioral pattern that is abusive and threatening. The actions have the intention of dominating and controlling another person. A victim of domestic violence can be affected in many facets of their life. Even if your children don’t witness the violence personally it can still have an impact on them. This is the reason a court takes any instance of domestic violence into account when deciding on child custody.
A close bond between both parents and the child is in the child’s best interests. It’s how state law puts it. The majority of children of abusive parents still have a close relationship with the abusive parent. If you are given custody of your child, the other parent will still be given access to the child regularly. Parenting time may be refused or restricted in exceptional situations. It can be so until the abusive parent can show that granting it would not endanger the child’s physical, mental, or emotional well-being.
A judge may order “supervised visitation.” Parenting time between the child and the abusive parent takes place in specific situations. It depends on the circumstances of the parent and child. As an illustration, the judge may mandate that a social worker watch the visitation. The social worker is to assess whether the abuser is suitable for the child. The judge can mandate the parenting time between the child and the abusive parent be supervised by a third party. The third party could be a grandparent or friend.
You may be worried about your safety. You’re not worried about the other parent being aggressive against the child. The judge might order exchanges to take place at a police station or a supervised exchange center. These arrangements are typically just temporary. Eventually, the child may be given to the other parent for unsupervised parenting.
In conclusion, the courts and the law have no intention of separating a parent and a child from each other. Even with the presence of domestic violence. Especially if the violence is not directed at children. This means the presence of domestic violence itself does not automatically gives the other parent custody of the child.
Is there still life after a domestic violence charge?
Starting December 22, 2022, qualified crimes and misdemeanors in Michigan will be automatically expunged. It will start after a predefined timeframe. Michigan’s Clean Slate Law has made this possible. Assault-related offenses won’t necessarily be cleared up, though. You must submit a request. Get your past convictions for domestic violence charges expunged from your records. A maximum of two assault crimes may be expunged. A misdemeanor domestic abuse charge previous to the felony charge,
A felony domestic violence conviction cannot be expunged if you have a record. A record for a misdemeanor domestic abuse charge.
The waiting time is three years for misdemeanors and five years for significant offenses or one felony. It’s seven years for multiple felonies for people who continue to be conviction-free.
Expungement applications cannot be submitted until the waiting period has passed. The beginning of this waiting period is the day the court loses jurisdiction over you. Any further criminal convictions could hinder the expungement process. A person who applies for expungement and is rejected must wait three years before they can reapply.
If you’re deep into this legal pit, talk to your attorney now.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.