In most family law cases, the court will be greatly concerned if there is an allegation of family violence having been committed by one of the parties. This concern can be intensified when it comes to cases involving children. The commission of family violence can affect orders put in place by the court that govern the behavior and rights of the parties.
When family violence has occurred, the party against whom it is committed may be entitled to seek a protective order against the party committing the family violence. A protective order can prohibit contact between the two parties or between one of the parties and the child. It can also ask for exclusive use of property, such as a residence, and be used for the granting of spousal maintenance.
A party who commits family violence may also face other consequences such as restricted access to the child that they have with the other party. Such contact can be reduced significantly, and even be supervised by another person or entity for a period of time. Not only will possession of the child be a factor to consider when family violence is committed, but the rights and duties to a child, such as the right to make medical or educational decisions, will be affected by an act of family violence.
Other family violence considerations include dispensing with the requirement to go to mediation with the party that committed the family violence, the assessment of attorney’s fees against that party, and the suspension of that party’s license to carry a handgun.
Generally, a protective order is good for two years, but may be extended under certain circumstances to a longer period. If you have been alleged to have committed family violence, you are going to need to take immediate action to protect your interests with regards to your family and property. Speaking with an attorney is imperative to defend against family violence allegations that may affect you not only in the near future, but also in the long term as well.