When you are fighting to have custody of your child—even to a small degree—an assault charge can have a huge impact on the results of your custody battle. When it comes to deciding who has custody of the child, the court usually has one thing in mind: what the best interest of the child is. Thus, if you have been charged with assault in the past or if an assault charge is just coming up, you may be nervous to see how this affects your child custody case. It is important that you speak with a criminal defense attorney as soon as possible regarding this charge, especially if it is a more recent accusation. Even if there is no truth to the charge, an investigation can call your character into question and it is possible a judge will not grant you custody yet even without a conviction because this type of charge could pose a threat to your children. If you need to speak with a criminal defense attorney about an assault charge, please call a law firm.
What factors of an assault charge influence my child custody case?
When a judge is looking at your criminal history or a recent charge, they will typically take a few things into consideration before they decide.
- What was the crime?
- Who was the victim?
- How recent was the crime?
- How many times have you been convicted of this crime?
If you have an assault conviction in your past, a judge will consider the details of your case before coming to a decision. However, this type of crime—especially if repeated—could be seen as a threat to your children and could mean the loss of custody. However, if someone has recently charged you with an assault, your attorney may be able to say that without a conviction and while waiting for sentencing, a judge should not take this charge into consideration when determining custody.
Who is making the assault accusation?
Another factor that may influence child custody is who is making the assault accusation. If your ex-spouse is the one making this accusation, it could go one of two ways. For example, if you have no prior convictions and your ex-spouse begins making these accusations, a court should take it seriously. However, your attorney may be able to show substantial evidence regarding the timing of the accusation and bring in witnesses who can testify to your character. On the other hand, when a spouse or ex-spouse makes an accusation like assault, a judge may also see this as a more immediate threat to the child and remove them from your custody, at least temporarily.
Being on the receiving end of an assault accusation can seriously impact your child custody results. It is important during this time to remember that the court is tasked with doing what’s best for your child, even if the accusations are false. If you were recently accused of assault and are going through a child custody battle, reach out to a criminal defense attorney in San Francisco, CA.
Thanks to The Morales Law Firm for their insight into criminal law and assault charges during a child custody battle.