Stacey Schlimmer Attorney | Criminal Defense Attorney | Family Law Attorney | Overland Park
  • HOME
  • ATTORNEY STACEY SCHLIMMER
    • Free Consultation
  • PRACTICE AREAS
    • Criminal Blog
    • CINC / False Accusation of Child ABuse
    • DUI
    • Juvenile Crimes
    • Robbery, Theft and Burglary
    • White Collar Crimes
    • Drug Charges
    • Sex Crimes
    • Assault & Battery
    • Appeals
    • Domestic Violence
    • Probation Violation
    • Expungement
    • Traffic Offenses
    • Kansas Sentencing
    • Administrative Hearing - License Suspension
    • Protection from Abuse (PFA) and Protection from Stalking (PFS) Orders
  • CONTACT

WHEN CHARGES OF DOMESTIC VIOLENCE NEGATIVELY IMPACT CHILD CUSTODY AND SUPPORT PROCEEDINGS

1/15/2013

0 Comments

 
Charges of domestic violence are always very serious, however in some instances such charges can have an extremely negative impact on pending child custody and support proceedings—on both sides of the issue. Domestic violence encompasses physical, emotional, sexual and financial abuse and intimidation. Those who perpetrate domestic violence seek to control the victims through instilling fear in them and using threats, backed up by past violent behaviors. In some cases victims of domestic violence may be unwilling to even ask for child support due to fear of retaliation.

The perpetrator of the domestic violence may make false promises to pay the child support, then later renege, knowing the victim will be too afraid of repercussions to go back to court and demand support for the children. He or she may also ask to make direct child support payments rather than suffer through wage garnishments, then later stop making payments altogether. Sometimes the person who has engaged in domestic violence will also threaten the victim during a child custody case, saying he will take the children and disappear or will kill his ex, or any threats which will cause the victim to allow him to have some sort of custody or visitation.

It’s easy to see how a perpetrator of domestic violence can use intimidation to come out ahead in a child custody or child support case. On the flip side, false allegations of domestic violence can be made in order to gain the upper hand in a child custody case as well. It is actually not all that rare that false allegations are made in such situations. Perhaps there are bitter feelings about the divorce and revenge is a motivator. The parent—usually the mother—may make allegations of domestic abuse as a way to “get back” at the other parent knowing custody will almost certainly go her way after such allegations are made. Jealousy is a common motivator when the ex-spouse is with another person, and since there are virtually no repercussions for those who falsely accuse an ex of domestic violence, there is not deterrent to such behavior.

Because of the serious nature of domestic violence charges, courts are likely to err on the side of caution, handing down restraining orders with virtually no supporting evidence. The accused is basically then considered guilty until he is able to be proven innocent in family court. The parent falsely accused of domestic violence should fight hard to prove innocence in court by presenting character witnesses in court as well as working hard to find others willing to swear to the accuser’s potential motivators for making false allegations. False allegations are extremely difficult to combat and require the services of a highly experienced family attorney who can use their extensive knowledge to protect the rights of their client.

Whether  you are a victim of domestic violence or the parent falsely accused of the crime, it is imperative that you have solid legal representation during your child custody and support proceedings.

0 Comments



Leave a Reply.

    Categories

    All
    2nd Amendment
    Aggravated Assault
    Aggravated Robbery
    Appeal
    Armed Robbery
    Arson
    Assault
    Bac Breath Test
    Breakdown In Communication
    Burglary
    Cannabinoids
    Child Abuse
    Child Custody
    Child Pornography
    Consequences
    Court Rulings
    Court Rulings
    Courts
    Criminal Defense Attorney
    Criminal Records
    Damage To Utility Company
    Date Rape
    Dealing With Charges
    Defense Against Rape Charges
    Diversion
    Divorce
    Dna Swabs
    Domestic Violence
    Double Jeopardy
    Downward Durational Departure
    Driving Under The Influence
    Drug Charges
    Drug Sniffing Dogs
    Dui
    Dui Conviction
    Dui Defense
    Evidence
    Expert Witness
    Expungements
    False Allegations
    Family Law
    Felony
    Field Sobriety Test
    Firearms
    Forgery
    Fourth Amendment
    Grand Theft
    Guns
    Hard 50
    Indecent Assault
    Indecent Exposure
    Intent To Distribute
    International Child Custody
    Internet Crimes
    Intoxicated Driver
    Jury Instruction
    Jury Trial
    Juvenile Law
    Kansas City Criminal Defense Attorney
    Kansas Consumer Protection Act
    KSA 60-1507
    Marijuana
    Media
    Medicinal Marijuana
    Methamphetamine
    Miranda Rights
    Myths
    Paraphenalia
    Petty Theft
    Pornography
    Possession Of Marijuana
    Preliminary Hearing
    Property Damage
    Prostitution
    Public Defender
    Racial Profiling
    Rape Charges
    Robbery Charges
    Search Warrant
    Self Defense
    Sentencing
    Sex Crimes
    Sex Crimes Against A Minor
    Sex Crimes Defense
    Sex Offender Registration
    Sex Offenses
    Sexting
    Sexual Activity Charges
    Sodomy
    Solicitation Of A Minor
    Spanking
    Stop And Frisk
    Support Proceedings
    Supreme Court
    Supreme Court
    Tax Stamp
    Theft
    Theft By Force
    Theft Charges
    Theft Conviction
    Traffic
    Violent Crimes
    Waiving Constitutional Rights
    Warrant
    White Collar Crime
    Withdraw

    Archives

    October 2015
    July 2015
    February 2015
    January 2015
    December 2014
    November 2014
    August 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012

    RSS Feed

Powered by
  • HOME
  • ATTORNEY STACEY SCHLIMMER
    • Free Consultation
  • PRACTICE AREAS
    • Criminal Blog
    • CINC / False Accusation of Child ABuse
    • DUI
    • Juvenile Crimes
    • Robbery, Theft and Burglary
    • White Collar Crimes
    • Drug Charges
    • Sex Crimes
    • Assault & Battery
    • Appeals
    • Domestic Violence
    • Probation Violation
    • Expungement
    • Traffic Offenses
    • Kansas Sentencing
    • Administrative Hearing - License Suspension
    • Protection from Abuse (PFA) and Protection from Stalking (PFS) Orders
  • CONTACT
✕