What to Do When a Domestic Violence Charge Threatens Your Current Parenting Plan
An accusation of domestic violence can have an impact on your parenting plan. A domestic violence conviction will most likely have an impact on your parenting plan, because a proven record of violence in your home tells the court that it is not safe place for children.
It is not unheard of for a parent to accuse a former partner of being violent in an attempt to take sole custody of their children. If you face this type of allegation, be proactive and show the court that the accusation is not true.
Reducing your parenting time or terminating your parental rights will significantly impact your relationship with your children, so do not give the court a reason to take either of these actions. When you are facing a domestic violence charge, remain calm and work with a lawyer who has experience defending parents falsely accused of abuse.
Provide Evidence that Shows you are Not Abusive
A domestic violence accusation is just an accusation when there is no evidence to support it. You can prove your fitness as a parent by providing evidence that contradicts any claims that you are abusive, such as:
- Testimonies from individuals who know you and your child; and
- Testimony from your child’s pediatrician showing that he or she is not injured or that any injuries were not caused by violence.
Remember the Crux of All Parenting Plans: The Child’s Best Interest
Your child’s parenting plan is developed with his or her best interest in mind. Even if your domestic violence charge concerns a household member other than your child, the court might reduce your parenting time because it feels the violence in the household can harm the child psychologically. Other types of criminal charges, particularly drug-related charges, can also impact your parenting plan. This is why it is critical that you develop a strong legal defense strategy for any type of charge you face.
Comply with All Court Orders
It is important that no matter how reactionary or ridiculous a court order can seem, you need to comply with it. Willful refusal to comply with a court order is an act of contempt of court, which can only hurt your case when you seek a larger share of parenting time. The only circumstance under which you should willfully violate your parenting plan is if you reasonably believe your child is in danger of being harmed if you do not violate the order. If you take this action, notify your lawyer about it as soon as possible.
Work with an Experienced Naperville Domestic Violence Defense Lawyer
If you have been accused of domestic violence against a child or a partner, you have the right to defend your case. Contact our team of Naperville domestic violence defense lawyers at Donahue & Sowa today to schedule your initial consultation with us, during which we can walk you through the process of defending your case in court and clearing your name.