Navigating Child Custody Cases with Allegations of Domestic Violence
Domestic violence allegations can materially impact child custody disputes. Anyone facing domestic assault allegations and the possibility of divorce or custody litigation should seek legal assistance immediately.
Custody Cases with Allegations of Domestic Violence
Child custody cases involving allegations of domestic violence pose unique challenges, especially from a legal standpoint. Legal representation on a domestic violence charge in the context of child custody is of paramount importance for several critical reasons. Firstly, these cases involve intricate legal frameworks, encompassing both criminal law and family law, and only a skilled domestic violence attorney can navigate these complexities effectively. Secondly, the outcome of a domestic violence charge can significantly impact the custody arrangement, potentially depriving a parent of access to their child. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. understand the critical importance of a parent/child relationship and will stop at nothing to protect our client and their family.
Protecting Your Rights and Child’s Welfare: The Role of Specialized Criminal Defense Representation
Effective, skilled legal representation ensures your rights are safeguarded throughout the process, offering a robust defense against false or exaggerated allegations. No lawyer can be a respected expert in multiple areas of the law. Top family law lawyers are experts in family law, including divorce and child custody disputes. The most effective criminal defense lawyers specialize in criminal defense and solely focus on representing clients in criminal courts. Furthermore, an experienced criminal lawyer can work with your family law attorney while they advocate for fair custody arrangements that prioritize the child’s best interests. Through coordinated representation, we can provide you with the best chance of avoiding child custody complications while we address the allegations appropriately. Ultimately, having top legal counsel on your side is crucial to achieving a just resolution that safeguards your and your child’s rights.
Complexities of Child Custody Disputes in the Shadow of Domestic Violence Allegations
Domestic Violence Laws
Michigan has several criminal statutes dedicated to domestic violence investigations, charges, and sentencing. Having an in-depth understanding of domestic violence laws is paramount, especially when there is a potential child custody dispute. These laws encompass various forms of alleged assault and abuse, including physical, emotional, and psychological. Courts take allegations seriously and assess their impact on child custody determinations. Often, it seems as though judges and prosecutors wrongfully presume someone is guilty, even without compelling evidence.
Presumption Against Perpetrators
In many jurisdictions, there’s a presumption against awarding custody to individuals with a history of domestic violence accusations. Criminal defense attorneys must strategize with family law attorneys to counteract this presumption when representing clients accused of such acts with a pending divorce or child custody matter. Because family law courts often presume someone is guilty once accused, a seasoned criminal defense lawyer must aggressively and tenaciously attack these cases while seeking a prompt, favorable resolution. Our top priority at LEWIS & DICKSTEIN, P.L.L.C., is fighting for a dismissal. If a dismissal is impossible, we have the experience, skill, and influence to get prosecutors to agree to deferred charges and plea bargains. Our attorneys will always fight for an outcome that minimizes or eliminates an opposing party’s ability to use criminal charges as a weapon in a child custody matter.
Challenging Allegations
Our firm specializes in challenging domestic violence allegations. Whether truthful, false, or exaggerated, our team knows exactly what to do to protect and defend our clients. We investigate the veracity of claims, gather evidence to present a robust defense on behalf of our clients, and attack every aspect of the prosecutor’s case to increase our bargaining power. Through fearless and tenacious representation, we routinely obtain outcomes unachievable by other lawyers. When defending against domestic violence charges, LEWIS & DICKSTEIN, P.L.L.C. might employ various strategies based on the case’s specifics. Some common defenses and strategies include:
- Insufficient Evidence: Our attorneys can argue that the prosecution has failed to provide enough evidence to prove guilt beyond a reasonable doubt. Sometimes, the judge must dismiss charges if the prosecution fails to show probable cause that the defendant committed a crime.
- Self-Defense: In Michigan, people have the right to reasonably defend themselves with force. We can argue that our client was protecting themselves or someone else (such as a child) from an imminent threat of bodily harm. If the defense presents a credible self-defense argument, the prosecutor must disprove the defense beyond a reasonable doubt.
- False Accusation: This strategy involves proving that the accuser has a motive to lie about the incident. The accuser might have been motivated to lie or exaggerate a situation to gain an advantage in a child custody dispute or because of relationship issues or other personal grievances. False allegations to gain an advantage in custody disputes are particularly damaging to families and can lead to the alienation of children from the falsely accused parent and the accusor.
- Mistaken Identity: Suggesting that the accuser has mistakenly identified their attacker, especially in cases where there might not have been clear visibility or the accuser didn’t know the attacker personally.
- Lack of Injury: In some cases, the absence of physical injury or medical evidence might be used to cast doubt on the accuser’s story. Although an injury is not necessary for a conviction, the lack of an injury can discredit the allegations.
- Consistency of Testimony: Skilled defense lawyers highlight any inconsistencies in the accuser’s statements over time, which might cast doubt on their reliability or truthfulness.
- Character Witnesses: Bringing in witnesses who can attest to the defendant’s non-violent character or good reputation in the community can be valuable for plea negotiations and trial.
- Challenge the Reliability of Evidence: Challenging the government’s evidence could involve contesting the methods used to collect evidence, the custody chain of that evidence, or its analysis. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. works with many of Michigan’s leading experts and top investigators in Michigan.
- Exclusion of Evidence: If evidence was obtained illegally, in violation of the 4th Amendment, or without the correct protocols, our attorneys can file a Motion to Suppress and move to have that evidence excluded from the trial.
- Counseling or Therapy: If the defendant has sought counseling or therapy after the incident, it can sometimes be presented as evidence of remorse or an effort to change, especially in plea negotiations. Rehabilitative efforts can be instrumental in achieving a lenient sentence.
- Cross-examination: A key role of the defense attorney is to cross-examine prosecution witnesses to identify inconsistencies, biases, or other factors that might reduce their credibility in the eyes of the jury. Our attorneys have decades of experience attacking prosecution witnesses and exposing their lack of credibility and truthfulness.
- Plea Bargaining: In some situations, especially if there’s significant evidence against the defendant, the defense attorney might negotiate a plea deal for a lesser charge or reduced sentence. Defense lawyers with strong reputations stand the best odds of achieving an extraordinary resolution.
- Alibi: If the defendant was elsewhere when the alleged incident occurred, evidence of this can be presented to show that they could not have committed the crime.
It’s crucial to note that each case is unique, and the specific defense strategy will depend on the circumstances of the alleged incident, the evidence available, and the accused’s individual circumstances. If you call us for a free consultation, we can discuss your situation and work with you to develop a winning defense strategy.
Building a Strong Defense
When top lawyers defend clients accused of domestic violence, building the most vigorous defense is crucial. Building a solid defense can be factual, legal, equitable, or some combination of strategies. If the evidence is weak, building a strong defense might mean attacking the credibility of the witnesses and evidence, while simultaneously obtaining exculpatory evidence. If the law is favorable to the defense, the best strategy might be filing a Motion to Suppress or for dismissal of the charges. If the evidence is strong and a factual or legal defense is not readily apparent, the best strategy might be to present the prosecutor and judge with mitigating and equitable evidence justifying a dismissal, reduced charges, or a lenient sentence.
Legal Expertise
Navigating domestic violence allegations for a client facing a child custody dispute requires a defense attorney well-versed in the effects of a criminal conviction on family law litigation. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience defending clients against DV allegations when there are family law complications, such as custody disputes.
Gathering Evidence
Our attorneys meticulously gather evidence to build a strong defense, including witness statements, medical reports, and expert opinions, to challenge allegations and protect our clients. Often, we can gather evidence that either disproves allegations or casts a shadow of doubt on the veracity of witnesses or the credibility of evidence. While many defense attorneys rely on the prosecution to present evidence, our team will do whatever is necessary to obtain favorable evidence when possible.
Advocating for Your Rights
Our primary objective is to protect our client and their family. Through aggressive, fearless, and tenacious representation, we can assist family law attorneys while they fight to protect the client’s rights to their children. We advocate for our clients, striving for a resolution that considers their life, liberty, and interests as parents.
Child Custody Cases with Domestic Violence Allegations: A Strategic Approach
Child custody cases entangled with domestic violence allegations demand a comprehensive and strategic approach. From the perspective of a criminal defense firm, we understand the importance of navigating both criminal and family law systems to protect our clients’ rights, ensuring the best possible defense of the client, and protecting the child’s welfare. With our experienced legal guidance and strategies, we aim to address domestic violence allegations effectively when there is a concurrent child custody dispute.
Defending Against Allegations of Domestic Violence
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience defending against domestic violence allegations when there is a child custody case, dispute, or concern. Our attorneys have successfully defended well over a thousand clients in this situation. We utilize a unique team approach involving a team of defense attorneys, experts, and investigators who collaborate and fight to get charges reduced or dismissed. Call us today for a free consultation. We will take the time to discuss your situation, answer your questions, and address your concerns. We will find a way to help you!
Domestic Violence-Related Links
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
