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Will Domestic Violence Affect My Divorce Case

By Sherrie C. Smith March 4, 2019

Family Law

Criminal Domestic Violence

If you have been charged with a crime of domestic violence, such as simple assault, assault on a female, domestic criminal trespass, communicating threats, or interfering with emergency communication, then the outcome of that criminal case will have a huge impact on your divorce case. Our skilled family law attorneys at Helms Robison Lee & Bennett, PA, have represented numerous clients going through a divorce who are also facing criminal charges associated with domestic violence.

How Will Domestic Violence Affect My Divorce Case?

If you are going through a custody battle, then the domestic violence criminal charges you are facing can impact how much time you will get to see your children. If your spouse also took out a civil Domestic Violence Order of Protection (DVPO), then it is likely that your spouse requested temporary custody of the minor children. A judge will likely hold the hearing on the domestic violence criminal charges and the DVPO on the same date. What happens at this hearing could determine whether or not you see your children for the foreseeable future. The judge can enter a temporary custody order for up to one year. If you are convicted of criminal charges, then those convictions will be taken into consideration at future custody hearings.

Your spouse may also ask for child support or spousal support in a civil DVPO. If you have been the supporting spouse as the primary breadwinner of the family, and your spouse requested child support and spousal support, then you could be paying a hefty sum of money to your spouse. Worst case scenario, if you are convicted of the criminal domestic violence charges and the civil DVPO is entered for one year, then you may not see your children for a year, and you could also be required to pay child support and spousal support to your spouse for up to one year.

Why Should I Hire a Family Law Attorney for Domestic Violence?

Domestic violence issues play a huge role in family law (or divorce) cases. Once you are convicted of any criminal domestic violence charges, or a civil DVPO is entered against you, then it can seem like the cards are stacked against you. As soon as you are charged with a crime of domestic violence, or you get served with a DVPO, be sure to call us right away at Helms Robison Lee & Bennett, PA. (704) 289-4577. Our skilled attorneys will help you navigate through these muddy waters and help you reach the best resolution possible.

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