Facing accusations of domestic violence can profoundly impact your divorce or child custody case in Maryland. When accused of domestic abuse in Maryland, it’s crucial to seek guidance from a skilled Maryland domestic violence defense attorney.
Protective Order Defense in Montgomery County and Prince George’s County
In Maryland, a protective order can be issued by a commissioner or judge. The primary purpose of any Maryland protective order is to provide legal measures to halt the abuse and safeguard the victim by limiting contact with the alleged abuser. In many cases, allegations of domestic violence are strategically made during contested divorce and child custody proceedings to influence custody and home access decisions.
Even a single incident of domestic violence or a false allegation of spousal or intimate partner abuse can lead to life-altering consequences. At the Law Office of LaSheena M. Williams, we assist clients throughout Prince George’s County and Montgomery County in addressing the collateral consequences of domestic violence allegations, which may include:
- Issuance of interim protective orders or temporary protective orders.
- Issuance of final protective orders.
- Potential loss of child custody and visitation rights.
- The possibility of criminal charges.
- Impacting security clearance and job responsibilities.
- Confiscation of firearms.
- Risk of deportation and removal.
At the Law Office of LaSheena M. Williams, we understand the complexity of these situations and are here to provide the guidance and legal representation you need to protect your future.
Criminal Conviction and Divorce Proceedings
A criminal record can play a pivotal role in determining the outcome of your divorce case in Maryland. Not all crimes are treated equally, and several factors can influence a judge’s decision, including:
- Timing and Type of Offense: The timing of the allegations, the nature of the offense, and the relationship between the victim and offender all matter. Certain allegations, especially those involving children or spouses, can significantly impact divorce proceedings.
- Rehabilitative Measures: The steps taken to address and rectify certain behaviors can also be considered. For instance, undergoing counseling or rehabilitation may mitigate the impact of allegations.
- Admissibility of Criminal Charges: While a criminal charge alone may not be admissible, some circumstances may allow certain elements of the charge to be considered. For example, if a spouse committed a crime while under the influence of alcohol or drugs, it may be relevant to the divorce case.
Impact on Alimony and Property Distribution
Domestic violence and criminal allegations can indirectly influence alimony and property distribution during divorce proceedings. If one spouse’s activity hinders their ability to earn an income or results in financial misconduct, it may affect alimony determinations. Additionally, equitable distribution of property can be affected if one spouse engages in criminal or fraudulent activity, potentially leading to an uneven distribution of assets.
Child Custody and Domestic Violence Allegations in Maryland
Child custody matters in Maryland are primarily guided by the best interests of the child. A parent’s criminal history can significantly impact custody decisions. Courts assess various factors, including the physical, mental, moral, and emotional fitness of each parent. Evidence of drug or alcohol abuse and past incidents of physical or emotional abuse can be crucial in custody determinations.
Criminal Allegations Impact on Child Support
Child support calculations are influenced by factors like the number of children, parenting time, and parental income. If a parent is incarcerated due to criminal charges, their ability to financially support their child may be limited during that time. However, upon release, they could be required to pay child support. Navigating these complexities requires experienced legal guidance.
Immediate Steps to Take If You’re Arrested
Facing domestic violence allegations or criminal charges during divorce proceedings can be challenging. It’s crucial to take immediate steps to protect your interests:
- Seek Legal Representation: Consult with an experienced attorney who can guide you through the legal process, build a strong defense, and protect your rights.
- Prepare for Counseling: Depending on the circumstances, you may be required to complete counseling or therapy as part of your legal requirements. Fulfilling these obligations can benefit your case.
- Prepare for Legal Costs: Be aware that criminal charges can extend the divorce timeline, leading to increased legal expenses. Plan accordingly.
- Understand Potential Postponement: Arrests can lead to delays in the divorce process, especially if incarceration is involved.
- Consider Child Custody Implications: If you have children, anticipate potential custody challenges and consult with an attorney to protect your parental rights.
At the Law Office of LaSheena M. Williams, we understand how to navigate the complexities of domestic violence defense in Maryland. We are dedicated to safeguarding your future and providing effective legal representation tailored to your unique case. If you’re facing domestic violence allegations or criminal charges during divorce or other family law matters, don’t hesitate to contact us at (301) 778-9950 or via email at contact@lmwlegal.com. Your future and the well-being of your family are our top priorities. Let us help you navigate this challenging time and protect your rights.
