Facing Domestic Violence Charges During a Divorce? Here’s How to Protect Yourself
Being arrested for domestic violence is overwhelming under any circumstances, but if you’re also going through a divorce, the stakes are even higher. The legal process, the emotional strain, and the potential impact on child custody and property division can be devastating. But don’t panic—there are steps you can take to protect your rights and navigate both the criminal and family law systems effectively. As an experienced criminal defense attorney at Kersey Law, I’ve helped clients handle complex cases like these. In this guide, we’ll walk through exactly what to do if you’re arrested for domestic violence during a divorce and how to protect your future.
Stay Calm and Comply with Law Enforcement
Your Rights During an Arrest
If you’re arrested for domestic violence during your divorce, it’s critical to remain calm and comply with law enforcement. You have the right to remain silent and should avoid discussing the incident with the police until you have consulted with your attorney.
Avoid Making Statements That Could Be Used Against You
Anything you say can be used against you in court. Refrain from providing explanations or excuses until you have a criminal defense attorney present. Your words can easily be misinterpreted, so it’s best to keep silent and request an attorney immediately.
Contact an Experienced Criminal Defense Attorney Immediately
Why You Need Legal Representation Right Away
Domestic violence charges, especially during a divorce, can have serious legal consequences, including jail time, fines, and restraining orders. A qualified criminal defense attorney can help protect your rights and work to get the charges dropped or reduced.
How Kersey Law Can Help You
At Kersey Law, we have extensive experience in defending domestic violence cases and understand the additional complications a divorce can bring. Our legal team will build a strong defense and ensure that your rights are protected throughout both the criminal and family court proceedings.
How Domestic Violence Charges Can Affect Your Divorce
Impact on Child Custody
Domestic violence charges can severely affect child custody decisions. Family courts in California prioritize the safety of the child, and a domestic violence charge could lead to limited visitation or supervised custody. It’s crucial to defend your rights to maintain a role in your child’s life.
Impact on Property Division
A domestic violence charge can influence the division of assets during a divorce. If the court perceives one party as the aggressor, it may lead to a less favorable property settlement. Protecting your rights in both the criminal and family law courts is essential to avoid unfair outcomes.
Restraining Orders and Their Effects
If the alleged victim seeks a restraining order, it can restrict your movements and communication with your spouse and children. Complying with the order is critical, but you also have the right to challenge its validity.
Defending Against Domestic Violence Charges During a Divorce
Proving False Allegations
Unfortunately, false accusations of domestic violence are common in contentious divorce cases. Your attorney will gather evidence to show that the charges are unfounded or motivated by a desire to gain leverage in the divorce.
Self-Defense Claims
If you were acting in self-defense, your attorney can present evidence showing that you were not the aggressor. Witnesses, surveillance footage, or medical records can help support your claim.
Lack of Evidence
In many domestic violence cases, the prosecution lacks solid evidence to prove the charges. Your attorney will challenge the credibility of the accuser and expose any inconsistencies in their story to get the charges dropped.
The Role of Restraining Orders in Domestic Violence Cases
Complying with the Restraining Order
If a restraining order is issued, it’s critical to comply with its terms to avoid additional legal trouble. Violating the order could result in new charges and complicate both your criminal and divorce case.
How to Challenge a Restraining Order
You have the right to challenge the restraining order in court. Your attorney will help you present evidence that the restraining order is unnecessary or based on false allegations.
Navigating Both Criminal and Family Law Systems
Coordination Between Your Criminal Defense Attorney and Family Law Attorney
If you have a family law attorney handling your divorce, it’s important that your criminal defense attorney works closely with them. Domestic violence charges can significantly impact the outcome of your divorce, and both legal strategies must be aligned to protect your interests.
Preparing for Court Appearances
Your criminal defense attorney will guide you through every step of the legal process, ensuring that you are fully prepared for court appearances and know what to expect. Having a solid defense strategy is key to minimizing the impact of the charges.
Steps to Take After Being Released from Custody
Gather Evidence for Your Defense
After being released, work with your attorney to gather evidence that supports your defense. This may include text messages, emails, photos, or witness statements that can prove your innocence or challenge the allegations.
Avoid Contact with Your Spouse
Even if the restraining order allows limited contact, it’s best to avoid direct communication with your spouse while the charges are pending. Any contact could be misinterpreted or lead to new accusations.
Protect Your Rights and Future with Expert Legal Representation
Being arrested for domestic violence during a divorce can feel overwhelming, but you don’t have to navigate this situation alone. With the right legal defense, you can protect your rights in both criminal and family law courts. At Kersey Law, we’re here to help you fight these charges and secure the best possible outcome. Contact us today for a confidential consultation and let us start building your defense.
