Can a Domestic Violence Allegation Affect My Child Custody in Massachusetts?

Child custody is a serious matter in Massachusetts; the legislature’s policy is to ensure the welfare, safety, and health of children first and foremost. If you’re accused of domestic violence, it most certainly affects your custody arrangements. Still, the court must confirm the allegation before awarding custody or changing a previous court custody order.

Of course, if it’s determined that you have committed the alleged abuse, the court may not allow you visitation or custody of your child. Therefore, as the “abusive parent,” if you want to receive visitation or custody, you and your domestic violence defense lawyer must prove to the court that it will be in their child’s best interests.

If the allegation of domestic violence can be proven false or misrepresented, the Massachusetts court will usually grant you visitation or custody, but this is always a challenging legal battle.

So, even if you are accused of domestic violence, it can have dire effects on your custody arrangement, such as:

  • You may have to see your child with a 3rd party or at a supervised visitation center.
  • You could have to enter a domestic violence treatment program.
  • A lawyer may be appointed by the court to represent your child.
  • The court may order a full investigation to evaluate the child’s living situation.
  • Any overnight visitation may be prohibited, and much more.

So, simply put, any allegation of domestic violence made against you must be taken seriously, and the immediate, professional, and knowledgeable guidance of a well-versed and compassionate Woburn domestic violence lawyer is necessary.

What if My Allegation of Domestic Violence Is False; Do I Have Legal Recourse?

Almost all child custody cases are stressful and emotionally challenging, and if allegations of domestic violence are even mentioned, you may feel as though your parenting abilities are being judged.

Even if the allegation is entirely false, many things, such as how much time you will have with your children and more, are on the line. Usually, in these cases, much of what’s presented is he said/she said verbal testimony. However, your case can become infinitely more challenging when your ex-partner makes false allegations.

That said, if your ex-spouse or partner makes false allegations in family court, it could be detrimental to them and result in losing their custody or visitation rights.

The stakes are high, so some parents may use these tactics to get what they want.

Therefore, some of the facts concerning false accusations are:

  • Making false allegations is quite common in child custody cases.
  • These allegations often include domestic violence, child abuse or neglect, substance abuse, mental illness, and more.
  • A parent may make false allegations for payback, fear, or bargaining power.
  • False allegations can, sometimes, do more harm to the accuser, but without professional representation, they can harm the accused and your child.
  • If you are falsely accused, your experienced domestic violence defense lawyer will gather evidence, such as witnesses, family members, and more, to mount a detailed and strategic defense on your behalf.

What Can I Do to Protect My Child Custody Rights If I’m Accused of Domestic Violence?

First, never take a false accusation of domestic violence lightly. Immediately work closely with a well-versed Woburn domestic violence lawyer and work against these baseless claims.

Some of the steps you and your lawyer will follow are: Follow these steps:

  • Gather all the pertinent details of the accusation – Your lawyer will use the discovery process to obtain details about the allegations. You must understand what you’re being accused of clearly.
  • Detail all untrue events – Make a list of everything false or untrue that your ex-partner, etc., has made.
  • Always be completely honest – Be honest with your lawyer about anything, even if it is partially true.
  • Gather all the proof you can – You (and your lawyer) must gather as much evidence as possible that refutes the accusations, such as photos, texts, videos, medical records, police and witness reports, etc.
  • Get complete evaluations if needed – Whatever you’re accused of doing, if drugs, alcohol, etc., were involved in the incident, make sure to get a complete medical evaluation or testing to contradict your accuser’s claims.

Of course, this can be a challenging process, but your thorough and knowledgeable Woburn domestic violence lawyer will work tirelessly to prove the allegations are false.

How Can My Lawyer Help Me Fight a False Domestic Violence Allegation?

Facing any false domestic violence allegations is overwhelming and stressful. These claims can have serious repercussions on your life and, indeed, if not professionally thwarted, your child custody and visitation rights.

However, unfortunately, false accusations of domestic violence are a reality in many custody battles. Unwisely, some ex-spouses will try to use it to gain the upper hand in a custody battle or divorce.

Any time false accusations are made, they are morally and legally wrong; however, you and your skilled defense lawyer must deal with them to ensure that justice prevails.

If you are falsely accused and your child custody is threatened, you must promptly come forward and present your case and situation to a judge in the strongest possible way. Let’s say there is already a temporary restraining order against you. This allows you and your lawyer to go to court at the final restraining order hearing.

When you prepare, your lawyer will thoroughly investigate the allegations and present solid testimony and witnesses to refute the claims. Your thorough and experienced domestic violence defense lawyer will show everything necessary to clear your name and retain your rights to see your child.

But you must note that time is not on your side. Although you have legal options, you must take immediate action to protect your rights and the custody or visitation rights you deserve. Additionally, always remain calm and focused on clearing your name. You and your passionate and diligent defense lawyer can navigate this difficult situation and uphold your child’s custody rights.

I’ve Been Accused of Domestic Violence, and My Custody Rights are in Jeopardy; What Should I Do?

False accusations of domestic violence are an unfortunate reality in many child custody cases. Even if parts of the allegations are partly genuine, your experienced domestic violence lawyer is highly familiar with all the Massachusetts domestic violence laws and will know how to strategically draft your defense to maintain your custody and visitation rights and continue to be in your child’s life.

However, you must consult with a domestic violence law team with the valued experience to manage your case with the diligence, scrutiny, and empathy it demands.

The criminal defense lawyers at Contant Law P.C. have the qualified, experienced legal advice and guidance this type of case demands. They will use all their resources to get you the best possible outcome.

Call them today at 617-221-8221 for a free consultation on your case. They will provide you with the passionate, tireless, and professional legal guidance you need to keep your child in your life.