Domestic Violence and Child Custody
Domestic violence and child custody are two subjects which would never intersect in a perfect world. Of course, we do not live in such a world, and many New Jersey parents have a history of domestic abuse in one way or another. Parents who have been the victims of domestic violence want to keep their children safe. Parents who have been found guilty of abuse in the past want a second chance. To complicate matters further, there are instances where false accusations of domestic violence may exist as well. All of this and more may be considered during child custody proceedings.
The child custody and domestic violence attorneys of Jacobs Berger understand that issues involving children and potentially dangerous situations can be extremely stressful for parents. We see each case we take as a new opportunity to help lay a solid foundation for our clients’ and their families’ futures. Even as tempers and emotions run high, our firm is dedicated to maintaining a level of professionalism and compassion as we have done for clients throughout New Jersey towns including Madison, Randolph, Morristown, Dover, East Hanover, Tewksbury, Rockaway and all of Morris County.
Call our office today for a confidential and comprehensive consultation regarding your child custody dispute, any history of domestic violence, and to learn how we may be able to best serve your needs.
Child Custody Lawyers: Domestic Violence Impact on Child Custody Hearings
When considering how an incidence of domestic violence will impact your child custody hearings, our Denville child custody lawyers like to remind clients how the courts view hearings involving children. It is the stated position of New Jersey family courts that they will consider the best interests of the children first and foremost. Therefore, any potential dangers to children are taken extremely seriously. While previous incidents of domestic violence will certainly be considered, no two cases are the same. Judges may consider the following:
- Whether the victims of the previous incidents were the children, the parents, or others
- The nature of the domestic violence – i.e. assault, sexual assault, harassment
- The number of occurrences of violent behavior
- How long ago the acts of domestic violence took place
- If the abusive parent is still seen as a danger to children or other family members
- The criminal record of the offending parent
Depending on your specific situation, a history of domestic violence may have a massive impact on child custody proceedings or little to no impact at all. No matter which side of the equation you are on, our Denville child custody lawyers will protect your legal rights the it comes to the custody of your children.
What Constitutes Domestic Violence?
The New Jersey state laws governing domestic violence are at the same time very clear in what may be considered domestic violence, while also leaving ample room for interpretation. As you will read below, some forms of domestic violence such as “harassment” can have wide ranging definitions in and of themselves. In order for a crime to be considered domestic abuse, the offender can be a spouse, parent, former spouse, individual in a romantic relationship, or anyone else who was a household member at the time.
As per New Jersey Revised Statutes Section 2C:25-19 – Definitions, domestic violence may include homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a court order related to domestic violence, or any other criminal activity covered by the New Jersey Prevention of Domestic Violence Act.
Falsely Accused Parents’ Attorneys Discuss Child Custody Considerations
It isn’t hard to see why previous incidents of domestic violence would be taken into account when considering the custody of a child. So what then are the consequences when a parent has falsely accused another of domestic violence? In many ways, these false accusations are viewed in as serious a light as acts of domestic violence themselves.
New Jersey courts are designed to look after the best interest of children by placing them in the care of loving and fit adults. When an individual intentionally and knowingly casts false accusations with the end game of manipulating their legal standing, judges may view that as a serious indicator that the accusing parent is not of sound mind and/or judgement. False accusations of domestic violence made by one parent against another can result in the courts viewing the accusing parent as committing acts of parental alienation, something which can very negatively impact that same parent’s rights to child custody and parenting time in any child custody matter.
Contact our Domestic Violence and Child Custody Lawyers Today
At The Law Offices of Jacobs Berger, our experienced domestic violence and child custody lawyers take pride in offering dynamic and individualized legal services to our clients in New Jersey communities. We understand that complex legal matters involving domestic violence and child custody require creative solutions. If you are searching for a law firm which will work with your unique needs and concerns while aggressively seeking a positive outcome to your divorce or family law case, look no further.
For a confidential and comprehensive case assessment, please contact us online or through our Morristown offices by dialing (973) 710-4366 today regarding your child custody, child support, domestic violence, alimony, or any other family law matter.