Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, contact our firm to schedule a consultation with an experienced criminal defense attorney today.
Answers to Your Domestic Violence Defense Questions
Domestic violence charges can have a serious impact on the rest of your life. If you have questions about domestic violence issues, make sure you talk to an experienced criminal defense lawyer before you make any decisions. I am David J. Larkin, Attorney at Law, and from my law offices in Walnut Creek, I can answer your questions, help you build your defense, and protect your rights.
Do Not Go to Jail
Contact David J. Larkin, Attorney at Law
Thank you for contacting David J. Larkin, Attorney at Law. Your message has been sent.
Call us now
or use the form below.
If you have been accused of domestic violence, you need to make sure that you get the skilled criminal defense representation you deserve. From my Walnut Creek, California offices, I have been protecting the rights and interests of people facing a wide assortment of criminal charges in Contra Costa County and the San Francisco Bay area since 1980. Contact me today to schedule a free initial consultation.
Domestic violence allegations often come down to the word of one person against the word of another. I will make sure that your version of events is fully, fairly and persuasively presented. Dedicated to criminal defense, I know how to tailor your defense to the specific circumstances of your case. Call 866-616-7714 or contact me on-line today for a free initial consultation.
Domestic Violence and Child Custody
Under state law, domestic violence charges should be considered by the court before making any decisions regarding child custody. Thus, those who have been charged with domestic violence may be denied custody rights altogether or granted limited, supervised visitation with their children. Contact David J. Larkin, Attorney at Law in Walnut Creek, California, today to schedule a consultation with an attorney to learn how domestic violence charges may affect the outcome of your child custody proceedings.
The Best Interests of the Child Standard
The guiding principle used by courts in child custody cases is the best interests of the child. The court will perform an analysis of several factors to determine in each custody case what will be the best custody outcome for the child. Some of these factors include:
- Each parent's wishes
- The child's wishes
- Interaction and interrelationships between the child and each parent and any other siblings or family members
- The child's adjustment to the home, school and community
- The mental and physical health of the child and parents
Domestic Violence as a Factor
Every state also requires courts to consider any domestic violence allegations or charges prior to making custody determinations. Many states have adopted the language of the Model Code on Domestic and Family Violence, which creates a presumption that it is not in the best interests of the child to grant sole or joint custody to the parent charged with domestic violence.
This presumption may be rebutted under certain circumstances, such as cases where the abuser successfully completed a batterer's treatment program, an alcohol or drug abuse counseling program or a parenting class. Also, a court will consider the number of incidents of domestic violence and the proximity of the incidents to the custody proceedings.
Generally, courts favor custody arrangements which allow children to maintain healthy relationships with both parents. However, in cases were domestic violence occurred or has been alleged, the court may determine it is in the child's best interests to have no or very limited time with the abusive parent.
Speak to a Lawyer
A domestic violence allegation, arrest or conviction can complicate child custody issues. Contact an experienced attorney at David J. Larkin, Attorney at Law in Walnut Creek, California, today to schedule a consultation with an attorney to learn more about your options for maintaining a relationship with your child.
Copyright © 2011 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
