Wednesday, June 22, 2011

Domestic Violence and Child Custody

As stated previously in this blog, convictions for domestic violence can have far reaching consequences.  Many people are unaware of many of these consequences and find out about them after they have taken irreversable steps in a Domestic Violence case.  One of these consequences deals with child custody disputes.   
NRS § 125.480 states,
5. ...a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that either parent or any other person seeking custody of a child has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child. Upon making such a determination, the court shall set forth:
   (a) Findings of fact that support the determination that one or more acts of domestic violence occurred; and
   (b) Findings that the custody or visitation arrangement ordered by the court adequately protects the child and the parent or other victim of domestic violence who resided with the child.
6. If after an evidentiary hearing held pursuant to subsection 1 the court determines that more than one party has engaged in acts of domestic violence, it shall, if possible, determine which person was the primary physical aggressor. In determining which party was the primary physical aggressor for the purposes of this section, the court shall consider:
   (a) All prior acts of domestic violence involving any of the parties;
   (b) The relative severity of the injuries, if any, inflicted upon the persons involved in those prior acts of domestic violence;
   (c) The likelihood of future injury;
   (d) Whether, during the prior acts, one of the parties acted in self-defense; and
   (e) Any other factors that the court deems relevant to the determination.
   In such a case, if it is not possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies to each of the parties. If it is possible for the court to determine which party is the primary physical aggressor, the presumption created pursuant to subsection 1 applies only to the party determined by the court to be the primary physical aggressor.
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The specifics of everyone's situation are always different, and a strategy in one case may not be effective in another, but people need to be aware of these consequences.  These consequences can also be used by sophisticated people in sinister ways, so attorneys need to take these domestic laws into account when strategizing about cases.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.