Domestic Violence Lawyer Greenville, MI
A domestic violence lawyer Greenville, MI families trust from Blanchard Law, knows that domestic violence is fairly common. According to national statistics, a woman is a victim of domestic violence every 15 seconds. In approximately 95% of the domestic violence cases that are reported, the man is the offender and the woman is the victim. As is likely clear from these types of harrowing numbers, the law takes domestic violence issues very seriously.
But allegations of domestic violence can have a profound impact on a person’s reputations, job, and many other areas of their life. Unfortunately, there are domestic partners who file false or misleading reports of domestic violence, resulting in a nightmare for the person who has been accused.
Although men are also victims of domestic violence, the reality is that women are usually the ones who are the victims when there is domestic violence in a relationship. However, there are also a high number of cases where men are truly innocent of any domestic violence behavior, yet their partner makes a false allegation against them, and they are then left facing serious criminal charges. If this sounds like a situation you are currently dealing with, then you need to call a domestic violence lawyer Greenville, MI residents can confide in immediately.
Compounding the situation, the very legal tools put in place to protect real victims of domestic violence are used to drive the false allegations. Orders of protections are not difficult for a victim of domestic violence to obtain and not a lot of evidence is required. Often, only the testimony of an alleged victim is enough for the court to issue a temporary order of protection.
This is why there are some women who will use this method if they are divorcing their husband. They file for an order of protection, alleging threats of violence, the court grants the order, and now the husband is ordered to stay away from the wife, their children, and their home. And with the order of protection on record, it can be used against the husband in a custody battle.
How Domestic Violence Can Determine Child Custody Arrangements
Domestic violence can take on several forms, usually including physical, emotional, mental, and/or financial abuse. Regardless of how much the abuser may apologize the next day or try to make up for their actions, domestic violence can leave scars on the family unit. Not only that, but in the event the parents become separated or divorced, domestic violence occurring during the marriage can be a leading determining factor in the custody outcome.
A domestic violence lawyer Greenville, MI clients trust from Blanchard Law can answer your questions about what exactly domestic violence is and how it can influence child custody.
Domestic Violence Isn’t Always Physical
Many people don’t realize that domestic violence can still occur without any physical harm being inflicted. And, sadly, it isn’t uncommon for those who are victimized to feel like they don’t have the support or resources they need to leave their abuser. However, eventually, the victim parent may decide to leave as a way to prevent themselves and their children from further mistreatment. The legal definition of domestic violence can vary by state, but overall, this is the general meaning:
- A spouse intentionally causes or attempts to inflict bodily injury
- A spouse sexually assaults the other spouse
- A spouse makes their partner feel afraid or threatened if they try to leave
- Any other actions that a spouse commits towards their partner that is harmful, such as threats, stalking, harassment, and unwanted phone calls or contact.
More Than Just Spouses Can Be Victims
When most people think of a domestic violence situation, they imagine one spouse harming the other. However, there are others who may experience domestic violence without having to be romantically involved with the abuser. If you are someone who is a victim of domestic violence, you can file a restraining order with your local court for protection. You can also protect your children amidst a child custody battle if you are concerned about the abusive parent seeking to harm any of you as revenge. Other people who can be impacted by domestic violence include:
- Former spouses
- Relatives by marriage or blood
- People who currently live together or formerly lived in the same home
- People who have children with the abuser but do not have a romantic relationship
How Child Custody is Impacted
As your domestic violence lawyer Greenville, MI residents trust may tell you during a consultation, the court is going to focus on the wellbeing of the child as the priority when determining a child custody outcome. If one parent was abusive towards their spouse and/or the children, then the judge may decide to not award any kind of custody or visitation to the abuser. The court will evaluate the abuser’s history and current risk to the child’s health and safety. When it comes to the different types of child custody, there are a few potential outcomes:
- One parent is awarded sole physical and legal custody
- One parent is awarded physical custody, while the other gets legal custody
- Both parents share joint physical and joint legal custody
- The non-custodial parent will be given visitation rights with or without supervision
- The non-custodial parent will not be permitted to visit their children and may even have their parental rights revoked
What If I Am Accused?
It is critical to protect yourself and fight against any false allegations. Even having an order of protection filed against you can be enough to cause future problems because of the way they show up in background checks. If someone has falsely accused you of domestic violence behaviors, you will want to begin preparing your defense immediately. Collect and preserve all evidence which could prove your innocence, including voice messages, text messages, emails, photos, and videos.
Talk to different people you know that will speak on your behalf. Most importantly, you will want to find a domestic violence lawyer Greenville, MI residents can depend on, who has extensive experience defending against these charges.
As your case goes through the criminal justice system, you will want to remain calm at all times, even when it may be very difficult to. Always behave in a civil and polite manner in the court or in any legal dealing involving your case. Failure to do so could be used against you and only make your accuser’s case stronger.
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