How Domestic Violence Charges Affect Child Custody in NC

Child custody cases have the potential to be incredibly divisive and contentious. In some custody battles, accusations of domestic violence arise. It is a sad reality that many families deal with, but not all allegations of domestic violence in a custody case are legitimate. It’s important for parents in these situations to know how domestic violence charges affect child custody in NC.

Domestic violence accusations can result in a longer custody case and the potential for limited custody, protective orders, and even criminal penalties. If the court sees a reasonable basis for domestic violence accusations, it can change the entire outcome of the custody case and your future with your children.

The Best Interests of the Children in North Carolina

Domestic violence impacts many individuals and families, including children. From July 2023 to June 2024, there were 1,984 children aged 13 to 17 in reported cases of domestic violence, along with 6,162 children aged 0 to 12.

When parents separate, they must determine the custody of their children. When the court determines custody or approves an agreement, it does so in the child’s best interest. Some of the factors the court considers are:

• Whether any domestic violence has occurred
• Whether it is likely to continue
• Finding which custody arrangement will protect the safety and well-being of both parents and their children

Domestic Violence and a Child’s Best Interests

If you are convicted of a domestic violence offense, the court will consider this convincing evidence of domestic violence. It will likely presume that the child is not safe in your custody. When there is sufficient evidence, the court may do the following to protect the child’s best interests:

• Provide limited custody rights.
• Required supervised visitation.
• Revoke your custody or visitation rights.
• Provide primary custody to the other parent or another guardian.

Other evidence besides a conviction may also be considered, and that could result in a protective order being placed against you. Domestic violence can affect custody agreements, even if the alleged violence was not directed at your children.

Protective Orders and Custody Arrangements

A co-parent can file a protective order against you based on evidence of threats, attempted injury, harassment, or other serious offenses. This can prevent contact between you and your co-parent as well as between you and their children. It can make it much more complicated to navigate a custody case. Violating the protective order can result in criminal charges.

Protective orders have a much lower burden of proof in civil court than criminal charges. A skilled criminal defense lawyer can protect your interests and limit the impact of false accusations.

The Importance of Working With a Defense Lawyer for Criminal Domestic Violence Charges

When you are facing accusations of domestic violence criminal offenses, it is essential that you protect your interests. Even if the accusations are entirely false, you cannot assume that the justice system will determine the same thing. A North Carolina domestic violence lawyer can protect your rights and interests. Whether in negotiations or court, they can provide a strong defense against the prosecution.

You need a dedicated and skilled North Carolina domestic violence attorney to:

• Review the accusations against you.
• Investigate the evidence presented by the prosecution.
• Present your side of the case.

If you are convicted of a domestic violence charge, it can prevent you from getting any custody of your children. Working with an attorney is an essential part of protecting your family’s future. Your attorney can mitigate or prevent a conviction.

FAQs

Q: What Looks Bad in a Custody Case?

A: The court always considers the best interests of a child in a custody case, so it looks bad when a parent does not provide for their child’s best interests. When there is evidence of past domestic violence, and the court has reason to believe it will continue into the future, this will impact how the court awards custody. Other actions, such as negligence or failing to provide for a child’s basic needs, can also look bad in a custody case.

Q: What Is the Ideal Defense Against Domestic Violence Charges?

A: The ideal defense against domestic violence charges will depend on the specifics of your charges, the arrest, and the evidence against you. Some defenses may include:

• Acting in self-defense or in defense of others
• Insufficient evidence that the crime occurred
• Unintentionally causing the injury
• False accusations
• Mistaken identity

When you hire a domestic violence lawyer, they can review the facts of your case. Then, they can determine the ideal defense to secure the most beneficial outcome.

Q: What Deems a Parent Unfit for Custody in North Carolina?

A: A parent may be deemed unfit for custody in North Carolina for actions like abandonment, abuse, or neglect. If there is proof that one parent engaged in these actions, the court is not likely to grant that parent custody, and it may only allow limited visitation.

If you are facing accusations in a custody case, it is important to protect yourself with exceptional legal support. Accusations of domestic violence can prevent you from having custody or spending time with your children.

Q: What Should You Not Say During a Custody Battle?

A: There are several things you should not say and do during a custody battle, both in and out of court. These include:

• Talking poorly about your co-parent in front of your children
• Ignoring the temporary custody agreement without reasonable cause
• Refusing to reach any compromise or conclusion in court
• Talking disrespectfully to the judge
• Discussing the case or your co-parent on social media

When you are in a custody battle, you should discuss everything you should and should not say with your attorney.

Hire a Domestic Violence Lawyer in North Carolina

If you are facing charges or accusations of domestic violence, it is crucial that you get diligent legal support. At Steven T. Meier, PLLC, we have decades of combined experience in criminal defense law. Our team has spent the past 15 years fighting for the rights of the accused.

A domestic violence conviction can result in fines and/or imprisonment. It can also change the outcome of a custody case and your life forever. It is essential that you take the necessary steps to protect yourself and your family. Domestic violence accusations can arise from misunderstandings, mutual violence, or false accusations. You need a skilled attorney to protect you and craft a strategic defense. Contact Steven T. Meier, PLLC, today.