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It Is Possible For An Individual Convicted Of A Domestic Violence Case To Gain Custody Of A Child


Interviewer: Is it possible for someone who’s had a conviction with domestic violence, to still get custody of a child?

James Abate: Yes, that certainly is possible. That’s if there is no danger indicated to the child, there may be the parents may just not belong together and there could be no issues with a person’s ability to handle their children. There are two different systems that work here.  The Family Court is simply dealing with those parties being able to interact together or being prevented from interacting with someone under the threat of a criminal contempt charge.  The criminal case, it’s like any other criminal case, if you’re convicted, you’re going to have a criminal arrest record or criminal conviction, if that’s how it ends up being, you could face incarceration, fines.

The Most Significant Repercussion of a FRO Hearing is Being Entered onto the Domestic Violence Database

The most significant repercussions of the FRO hearing is the domestic violence database being entered onto that.  There are also many ways that you could be compelled to pay the other party’s attorney’s fees, you could be compelled to compensate them for damages.  I had a client who had decided that as a result of her abuse that she wanted to go back to California to live with her family and the defendant was required to recompense her for her moving expenses.  I’ve had cases involving boyfriend and girlfriend who owned their house together where the girlfriend was trying to set up a situation where she could become in the house anymore but was going to have to continue paying for it and she was going to have a free hours basically.  There are a number of situations like that which come up, there are too many situations and penalties that can arise out of these cases to really foil down to quick paragraph.

Common Scenarios Resulting in Domestic Violence Cases

Interviewer: What would you say is the most common scenario that you’ve experienced in terms of the domestic violence?

James Abate: These cases, one is never like the other and there are certain groups or categories of what they’re like but the domestic violence case is diverse as any relationships can be.  If you can boil down all the different types of relationships, then you can then categorize these but it’s a very vast and different in how they can arise.

Dealing with the Emotional Aspect of a Domestic Violence Case

Interviewer: What you do to help remove that emotional aspect of the case?

James Abate: The better way to describe it is distraught, confused and scared.  First of all, there is a feeling that the system is set up to help the wife and/or the girlfriend and does not respond to an overly compensates interaction. I don’t believe that’s true but there are certainly a lot of people who go into this thinking “I can’t win this.  They’re going to take her side”.  No, it’s — that’s certainly not the case but it is a reason why you need skilled counsel.  The another case is that there are times when people are just fed up, there are times when you have this whole cycle of domestic violence involved, “he always wins or she always wins and they make people think I’m the crazy one”.

The Courts and Lawyers are trained to Help People Deal with all the Chaos in a Domestic Violence Case

People think that they just can’t get away from their abuser and that’s not obviously the case.  The courts and the lawyers are trained to help them and to cut through all of the chaos to get down to what really happened. There are people who’re just terribly frightened.  They don’t know what they’re going to do financially, they don’t know what they’re going to do to keep their house or they’re going to have to move.  So, there’s a lot going on if it’s the end of any relationship which is set up a 100 times.

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