It seems like a fairytale when you get married, and you think you will last forever. Then one day, it all falls apart when one person is accused of domestic violence. This can completely upend a marriage and can even lead to criminal charges. Facing domestic violence in a marriage can also affect your family law concerns.
This is even more crucial when dealing with divorce and child custody. A domestic violence charge can completely change the outcome of those legal matters. If you are dealing with a domestic violence issue, you will need to contact a Virginia Beach domestic violence attorney from Randall, Page & Bruch, P.C. to help you with your case.
Virginia has various laws to consider related to divorce and child custody. It can be granted as a no-fault or a fault divorce when it comes to divorce. During a no-fault divorce, this means that neither party caused the divorce to happen, while the opposite would be true for a fault divorce.
Domestic violence can be grounds for divorce as per Virginia Code § 20-91(6). There are some gray areas when it comes to this code; however, as far as law enforcement goes, they can charge a person with domestic violence even without having clear evidence. However, there must be bodily harm when it comes to the Virginian code for fault divorce.
When it comes to child custody, domestic violence allegations and arrests can significantly impact the outcome. If there is a history of emotional or physical abuse, the courts can use this against the alleged abuser to determine whether the other party is better suited for custody. If there is already an order in place, it can be modified. In some of the most extreme cases, the alleged abusive parent can lose all parental rights to the child.
You may be entitled to obtaining a protective order if you have been the victim of domestic violence. There are different types of protective orders, and you may need the help of a Virginia Beach domestic violence attorney to help you file a protective order. Emergency orders can be obtained at any time of day or night. Preliminary protective orders are set in place while a court date is determined.
While domestic violence can impact family law issues, there are also criminal consequences you will need to handle. A person can be charged with a misdemeanor and can face the following penalties:
When domestic violence is present, you will need to contact a Virginia Beach domestic violence attorney at Randall, Page & Bruch, P.C. We can handle protective orders, child custody, and divorce concerts. We will be able to guide you on your legal options. Call our office at 757-742-6115 today to schedule a consultation with an experienced member of our team.
