In this video, we’re going to discuss the consequences of a domestic violence charge. Losing custody rights can be a devastating outcome of a charge, and it’s important to know what to expect if you’re accused of DV.
We’ll discuss the different types of custody situations that can result from a domestic violence charge and outline the steps you need to take to protect your rights if you’re accused of DV. Learn what to expect if you’re charged with domestic violence, and don’t let the consequences of a charge prevent you from getting the custody and parenting you deserve.
Learn about your legal rights in Wyoming and South Dakota and what you can do as a citizen to protect your legal rights.
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Transcript
Speaker 1
00;00;00;02 – 00;00;01;16
Hi, everyone. Are you afraid you’ll never see your kids again
after a domestic violence charge?
This is Christina Williams with Just Criminal Law.
Speaker 2
00;00;09;15 – 00;00;10;27
And this is David Mann, legal storytelling specialist.
Okay, so what you just said in that title there
sounds like it could really be an anxiety
on someone’s mind.
Speaker 1
00;00;19;26 – 00;00;20;18
Right. So, I mean, imagine that you and your spouse
or your girlfriend are not getting along.
You have children together and there’s an allegation
that things got physical one night and the police get called
and you end up getting a criminal charge of domestic violence
against your significant other.
Speaker 2
00;00;43;25 – 00;00;44;17
Yeah. Okay. So maybe something happens
that that is impulsive and and kind of not
you know, you’re not not at your best self
and something a little physical happens
and you’ve got a charge and that probably,
you know, indicates maybe the relationship might
be not going that well. And now you find yourself
in divorce proceedings and this charge is now coming up again.
And I think what you’re saying is it should be handled right
at the time that it happens so that it doesn’t impact
your divorce proceedings. Is that right?
Speaker 1
00;01;19;28 – 00;01;21;21
Right. So the criminal charge gets things rolling right away.
No contact orders get put in place where you can’t have
contact with the alleged victim and maybe the children.
00;01;33;05 – 00;01;34;09
And then a lot of times there’s a companion
proceeding, a protection order hearing that’s held,
and that’s separate from the criminal charge, where, again,
a court immediately, without knowing much about the facts
or circumstance, puts this order in place where you can no longer
see your children.
Speaker 2
00;01;53;13 – 00;01;55;04
Wow. Wow. And that that can happen when the charge is
put against you in the first place, if things aren’t done correctly.
But if they are done better, then maybe you stand a chance
of averting all this problem with not seeing your kids.
Or am I getting that right?
Speaker 1
00;02;14;18 – 00;02;17;17
Right. So I mean, things can be handled correctly so that you
don’t get that you don’t lose your parental rights right out of the gate.
And you know, further the criminal charge can be handled correctly
so that it’s not used against you in upcoming divorce proceedings.
Speaker 2
00;02;33;00 – 00;02;34;00
I imagine that there’s different levels of severity about,
you know, how bad it was – his charge is that there must be different
things to consider there. And what would those be?
Speaker 1
00;02;44;03 – 00;02;44;16
Right. So, you know, if this is just an isolated incident where,
you know,the charges are debatable, whether or not
you should have even gotten the ticket or if this is the situation
where there’s an allegation that this has been going on for years
and there’s been previous convictions or previous charges,
then that becomes very problematic for the person trying
to get the most visitation or get the best custody arrangement.
Speaker 2
00;03;18;03 – 00;03;18;16
Okay. So what you’re referring to here is things you know, there’s
two separate kinds of lawyers, right?
There’s there’s a criminal lawyer, which is what you are
and what handle these things.
00;03;28;22 – 00;03;31;06
And then there’s the family law lawyer that’s going to actually
be dealing with the legal complexities of the divorce
and the child custody down the line, right?
Speaker 1
00;03;39;05 – 00;03;41;11
Right. Absolutely. And the the custody proceeding
is going to be a little bit further out. And so there’s going to be this
this period where you’re facing the criminal charge immediately
and all the consequences and, you know,potentially have having lost your
visitation rights. And then there’s, you know, a significant
amount of time that will pass before your family law attorney
and another judge, a district court judge, will determine
your custody, visitation, child support.
Speaker 2
00;04;14;18 – 00;04;16;20
Okay, So someone’s in that position and they need to call you
as soon as possible to avert all those possible,
you know, bad outcomes down the line.
So how would they do that?
Speakrer 1
00;04;25;13 – 00;04;27;05
We’ll include a link into description where they can call, text
or chat with a member of my team anytime, day or night.
Here at Just Criminal Law we know you only get one shot at justice,
so make yours count.
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