It is rare for two people to decide to get married, fully believing that the marriage will ultimately end in divorce. Divorce is not easy and can be very messy as well as emotional. This is especially true when children are involved. One of the most difficult issues that the court must decide when parents separate or divorce is child custody and how visitation will be structured. The one fundamental standard that the courts rely on when making such an important and weighty decision is: the best interests of the child.
However, if one of the parents has a domestic battery conviction, making decisions related to children becomes much more complicated. Convictions for domestic battery are not taken lightly by the courts, whose main goal is to ensure that children are placed in a safe, stable, and nurturing environment. A domestic battery conviction can raise serious questions about a parent’s ability to provide a secure home that will not endanger their child.
For parents, one of the toughest things to go through when divorcing is losing access to children. Individuals facing charges of domestic battery or who have a domestic battery conviction in Illinois should seek legal guidance to protect themselves and their rights to their children. Our Cook County domestic violence attorneys at Glasgow & Olsson have the experience and background to help you obtain the most optimal outcome for your particular case. To accomplish this, it is essential that you obtain our counsel as soon as possible.
What Constitutes Domestic Battery?
Domestic battery refers to physical harm or unwanted physical contact between family or household members. It can include physical acts such as hitting or pushing, and all acts of violence and intimidation directed at family or household members.
Studies show that domestic violence that happens in a home with children, and especially in front of children, has a direct negative effect on their well-being. As a result, domestic violence situations will have a significant impact on family court proceedings.
A Domestic Battery Conviction Will Influence Custody Decisions
A domestic battery conviction will have a lasting effect on the parental custody rights of the parent who was found guilty of wrongdoing. Since family courts prioritize the safety and welfare of children, if a parent has a history of violence, the court will use this information to evaluate whether custody or supervised supervision may put the child at severe risk of harm.
Judges will scrutinize a domestic battery conviction and use the following to make their determination:
- The nature of the charges and the severity of the domestic battery incident.
- If the child saw the violence or if they were affected by the abuse.
- If the parent has made meaningful steps to improve their behavior, such as completing anger management or going to counseling.
- The likelihood that the parent could engage in future violence.
It is not uncommon for a domestic battery conviction to lead the court to deny joint custody, allowing only the non-offending parent to have sole custody.
In situations where a parent is given visitation rights, it is often the case that they are restricted or supervised.
Individuals who are convicted of domestic battery should be aware that this piece of information about their background will be introduced as evidence in a custody and visitation hearing. The court has the ability to review all of the details related to the conviction, including police reports or protective orders that may exist. All information related to the domestic battery conviction will weigh heavily on the court’s decision, particularly as it assesses what is in the child’s best interest.
Get Qualified Legal Help Today
You have a future that must be defended. We at Glasgow & Olsson will fight for the future you deserve. A domestic battery conviction will be a significant factor when determining child custody and visitation. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. With our decades of experience practicing law, we know how to get results. This is why we are regularly invited to serve as legal contributors on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox News.
When you need an attorney, experience matters.
Our firm was built on trust. And we stand by that trust in every courtroom, for every client, in every moment.
Speak with a Chicago criminal defense attorney today to learn how we can get you the results you deserve.