ACCUSSED OF DOMESTIC VIOLENCE DURING A CHILD CUSTODY OR DIVORCE? HERE IS WHAT YOU CAN DO TO PROTECT YOURSELF IN KANSAS.

Prior blogs have discussed that during divorces and/or child custody matters allegations of domestic violence often become part of the case. Here are some things you can do to protect yourself under those circumstances:

1. Child custody and divorce are civil matters; however, if there is a basis for it, the Court hearing your case can, on it's own, report your circumstances to DCF and/or law enforcement. You shouldn't talk to anyone about those allegations without legal advice;

2. Avoid, without counsel, addressing the factual basis of allegations in open court. What you say in one court can (and will) be used against you in another court;

3. If you have had prior convictions for child abuse, domestic violence, criminal threat, etc. that does not mean you cannot be a good parent now. However, sex crimes are more complex to to address in these cases. Take steps to make sure you are moving in the best interest of your child(ren) and yourself. That is the guiding light in a Kansas child custody case;

4. Should there be no children involved, you need not admit to any acts of violence, to be willing to agree to no contact with your ex;

5. Ask to communicate through a court assigned communication application only. That will provide you with a record of your conversations and help you avoid he-said-she-said arguments;

6. Limit your solo interaction with your ex. That may mean meeting in an agreed upon Kansas public location, or asking for someone to be preset (as a witness) at all times. Some even meet at the police station;

7. Where there is an active criminal case, expect that your child custody may not resolve until that matter is closed. It is important that you are careful about how you resolve Kansas, or any state, crimes of violence during a divorce. This includes seeking legal counsel before you agree to a Diversion, plea or probation;

8. Take care of yourself. If your mental, physical, emotional, psychological, social or financial health is suffering (and that is contributing to shifts in your behavior) address those immediately. You need not tell the Court you are struggling to share that you, independent of court intervention, are improving; 

9. Get sober. If addiction, or abuse of substances, is something that your ex will bring up in court (or you know needs resolve) get help today. Domestic violence and substances oftentimes go hand-in-hand. You will be a better person, if this a struggle of yours, no matter what the outcome of the case is; 

10. Generally, if allegations are related to past experiences a Guardian ad Litem will be assigned to your child(ren) and the court may order other intervention (psychological examination, parenting classes, case manager, etc.). You can preemptively take classes, begin seeing a therapist, etc.. That way you are on the offense not the defense if allegations about prior bad act are going to come up;

11. Respond and contest all requests for PFA (Protection from Abuse). Remember, what you say in an Answer to a PFA, or during that hearing, can be considered in divorce court. Temporary orders may occur but you should plan to object at the hearing to determine if Kansas has cause to put long-term orders in place. Don't forget, a PFA will show in your background check and can impact your job, license, insurance, etc. not just your contact with your ex and/or children. 

Note: If you have reason to believe that your ex is abusing the court system to interfere with your custody/visitation, or cause you other harm, you need legal counsel NOW!

This office often encourages clients to acknowledge their past, address their present issues (or allegations), and take action towards the future. If you do that you will set yourself up for greater success, even if domestic violence was an issue and/or there are new allegations. Finally, you need an attorney to help provide you with guidance and lessen emotional response to Kansas legal processes. 

If you have questions about your circumstances call today for your free consultation (913)602-7288. This office offers payment plans too.