False Domestic Violence Allegations And Child Custody

March 26, 2020

When domestic violence allegations are filed, whether, by the mother or father, the accused loses custody of children. It does not matter whether you are in a marriage or relationship. However, you can work with a domestic violence attorney to avoid losing all visitation with children. This is one of the possible outcomes of domestic violence allegations succeeding in disrupting the life of the mother or father.


Losing child custody is the very first effect you feel after being charged with domestic violence. The accuser often beseeches judgment for emergency custody arrangements. He/she might also beseech a change of address in order to remove kids and other family members from the abusive person. You might also face a restraining order. Once you are convicted on domestic abuse charges, this may result into: 


  • A fine of up to $4,000
  • Up to one year in jail
  • Mandatory counseling
  • Probation


Keep in mind that even when you are innocent, you are likely to lose the case if you don’t hire a domestic violence attorney to represent you in the court.



Your partner can take kids away through a court order, from a restraining order or emergency custody arrangements with little to no advanced notice or warning. The accuser can also take the kids to a changed address. The accuser can take these actions even before he/she proves that the domestic violence charges are true. Unless your domestic violence defense lawyer counteracts the current situation before these steps are taken, you need to prove your innocence to reverse the orders. So, the very first step you have to take is to hire a domestic violence attorney in Austin. read 


Family Complications


You are left with little to no access to your kids from marriage or relationship when you are charged with domestic violence. However, the possibility of monitored visitation is always there. You can get the custody back when you get a not-guilty verdict in the court. Keep in mind that your name is stigmatized in society. You might have to live with this stigma before and during the trial. Sometimes, even when the court has declared you innocent, this might not free you from this stigma. A lot of people in your neighborhood will not be able to trust you. You are most likely to greatly suffer in your own neighborhood. You might even have to move. However, getting custody of children can help. read about Kenneth Zegar


Child Custody And Some Other Factors


The courts always keep the best interests of children in mind. So, this can also affect the custody of the child. In usual circumstances, the judge does not necessarily consider the preferences of a spouse. Allegations and testimony of domestic violation could. So, it is important to know how to proceed when you are affected by false allegations. So, consult with the best domestic violence attorney in Austin and have a plan.


Domestic Violence – Definition and Complications


You will have to undergo severe scrutiny by others and this can also affect your ability to parent your children in your neighborhood. It is because of the words included in the definition such as threatening, disturbing, harassing and destroying. Domestic violence includes hitting the spouse or children, threatening and harassing family members. Complications involved in domestic violence affect you in a lesser or greater way. The judge may even find you a disturbance to the peace of your neighborhood, especially when acting emotionally due to the false charges. This may also disappear the possibilities of peaceful outcomes. Child custody may not be possible when the judge makes this type of decision. However, a skillful and knowledgeable domestic violence attorney in Austin can help in getting custody by proving your innocence.


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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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