Although our domestic violence defense attorneys in Boulder understand that DV charges are sometimes filed on healthy couples in happy relationships, this is not always the case.
Many domestic violence cases happen to couples in the midst of a divorce or breakup. These domestic violence complaints are often the most difficult because the accuser wants to inflict punishment, or even wants to use the criminal charge as a weapon in a divorce or child custody case. If you are in one of these situations, it is more important than ever to have the assistance of an aggressive and knowledgeable attorney who specializes in defending charges of domestic violence.
The fact is that divorce proceedings are affected when domestic violence charges are filed against one partner, especially if the couple shares children. Child custody fights involving unmarried couples are also affected when domestic violence charges are filed against one partner. For example, a family law judge will often refuse to order that a separated parent facing domestic violence charges gets time alone with his children.
Domestic violence cases involving divorcing couples also can become more complicated when one party files for a permanent civil restraining order.
Unlike the no-contact protection order that attaches to every DV case, a permanent civil restraining order exists only when the protected person specifically requests it. A permanent civil restraining order also differs from a mandatory domestic violence protection order because, without aggressive defense, it does not die with the outcome of the criminal charges. Permanent civil restraining orders must be vigorously fought by an aggressive defense attorney separately from your domestic violence case. Once a permanent civil restraining order is put in place, it can have permanent effects on custody, parenting, and all the other issues in your divorce.
Good domestic violence defense in cases involving divorcing couples may require cooperation between your divorce lawyer and your criminal defense lawyer to assure the best possible outcome. While not a full-service family lawyer, Nancy Salomone has a familiarity with family law and an ability to work side-by-side with other attorneys to reach the best outcome in these high-stakes cases.
Tuesday, January 26, 2021
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