When accusations of domestic violence or child sexual abuse are brought in a family matter, the attorney for the accused party has a lot to think about. How to prove that no abuse occurred, that the client has reformed or that it was a one-time occurrence that won't happen again?
Family and Criminal Courts: Overlapping Considerations
When accusations of domestic violence or child sexual abuse are brought in a family matter, the attorney for the accused party has a lot to think about. How to prove that no abuse occurred, that the client has reformed or that it was a one-time occurrence that won't happen again? Such issues can command a lot of the attorney's focus. But because matters surrounding spousal or child abuse accusations often are or will later become germane to a criminal case, family law attorneys have extra considerations apart from the outcome of the divorce or custody matter. How might criminal proceedings impact custody issues? Will the facts that come out in Family Court affect a later criminal prosecution? When admissions of criminal behavior are elicited in Family Court, do constitutional protections afforded to criminal defendants attach?
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