In North Carolina, families will suffer the full impact of a domestic violence case. However, when these cases involve spouses or their children, further actions are taken against the attacker. These criminal cases could flow into a divorce case and lead to modifications for custody and visitation arrangements. The following are details about the full impact of domestic violence.
What is Defined as Domestic Violence?
Domestic violence is any attack between family or household members. This could include parents, siblings, children, and former romantic partners. Any individuals who have lived in the same home are included in these cases as possible victims. These offenses could include any form of assault including physical or sexually-based actions.
What is the Impact of the Criminal Case?
The criminal case can lead to a prison sentence based on the type of violence that occurred. The severity of the victim’s injuries could also determine if malice was present during the crime. If any permanent disabilities or injuries occur, the penalties could be increased. Any individual convicted of domestic violence must also complete an anger management program.
How Can the Findings of the Criminal Case Affect a Divorce Case?
If the defendant of the criminal case is a parent, the court must assess the risk level associated with this individual. If the victim was the child, the court can deny visitation, custody, and terminate their parental rights. If the victim was the spouse, the court will allow supervised visitation in most cases.
Can the Defendant Revisit Child Custody or Visitation Later?
If the reason behind the domestic violence was drug or alcohol abuse, the defendant could file for custody after the complete a treatment program. However, the court will require careful monitoring by a court officer and a social worker to evaluate any further risks to the child.
In North Carolina, families could incur the full impact of domestic violence if the attacker is a spouse or parent. The court will proceed in divorce cases according to the results of the criminal case. A conviction in the criminal case could prevent the acquisition of custody or visitation. Defendants facing these charges visit Fanney Law Office for legal assistance now.