Will My Minnesota Domestic Assault Charges Affect My Child Custody Case?

The short answer is yes.  For good reason, the judge presiding over your divorce or child custody case will take into consideration whether or not domestic abuse has occurred.  The evidence presented could cause you to lose custody and/or visitation rights.  Therefore, if you have been accused of Minnesota domestic assault charges, it is important to know the implications and to get the charges resolved favorably.

Serious Implications

In any family law case involving child custody, the judge, when determining “legal” and/or “physical” custody, will take into consideration a number of factors.  One of those factors is whether or not there has been any allegations of domestic abuse in the home.  “Abuse” includes harm inflicted on the child, abuse and/or threats of abuse between the parents or between a parent and another individual.  For example, if you have a domestic assault charge from a previous relationship or relating to another child, the judge will also consider this when making decisions about the welfare of the child.

Domestic abuse charges can also affect decisions pertaining to visitation or parenting time.  The judge must consider the existence of any domestic violence charges or protective orders.  This can result in the other parent requesting only “supervised” visitation.

Don’t Postpone Protecting Your Child Custody Rights

A domestic assault charge can drastically alter your life, including your relationship with your children.  While domestic violence laws are in place to protect the innocent, false accusations are common, especially in the context of custody battles.  In fact, according to SAVE (Stop Abusive and Violent Environments), 25 percent of divorce cases now involve an allegation of domestic abuse.

If you have been accused of domestic assault, seek the help of an experienced criminal defense attorney with experience in handling domestic assault charges.  Contact us for a free consultation immediately.

Contact Anthony M. Grostyan at 612-341-6575 or via email at: tony@grostyanlaw.com.

by Anthony M. Grostyan
Grostyan & Associates, PLC
Commerce at the Crossings
250 Second Avenue South, Suite 205
Minneapolis, MN 55401
Phone: 612-341-6575