All states require the court to determine child custody arrangements in light of what is in the best interest of the child. The courts are required to consider every argument and piece of evidence that impacts their decision regarding what is best for the child. The presence of a domestic violence charge is undoubtedly considered supremely important regarding what is in the best interests of the child. The question isn't whether the court examines the charge but how. This post will go over these allegations and how they can impact your child custody arrangement.
Domestic violence charges usually result in restraining or protective orders, which can seriously affect your ability to visit your children. Most states have both civil and criminal restraining orders. A criminal order results when you are formally charged with domestic violence. A civil order is when someone files an action against you in court.
The court will likely consider the presence of a domestic violence allegation because it goes to the heart of what is in the best interests of the child. The court is there to ensure that the child is placed in the home that will foster love and positive growth. Domestic violence allegations undermine the court's confidence in your ability to maintain a safe and secure home.
If you are trying to gain physical custody of your child and you have one of these allegations against you, then you should call a lawyer as soon as possible. Domestic violence charges will likely be considered by the judge. A lawyer can go over the circumstances that resulted in the charge and can help you prepare a legal strategy to address it. Don't try to handle this alone; these charges could result in you losing any custodial right over your children.