If you’re a parent that has been found guilty of an act of domestic violence and you love your children, you’d better work very hard to ensure that your spouse stays with you. Once you’ve gotten a domestic violence charge on your record, it’s very easy for a child custody lawyer to make sure that you don’t end up responsible for — or even necessarily able to contact — your own children.
According to the <a href=”http://attorneyzuniga.com/criminaldefense.html”>Lancaster, CA domestic violence lawyers</a> at the Law Offices of Jesus Zuniga, even if your act of violence hasn’t been discovered, you’re not in the clear yet. Should you significant other turn in any evidence they have of your violent act, the court could make a finding that you have ‘perpetrated domestic violence.’ If they find that the act occurred within five years of your current custody battle, they’ll argue that there should be a presumption that giving you sole or even joint custody would be detrimental to the child’s best interests.
That presumption will be the one the court proceeds under unless and until you rebut it with a preponderance of the evidence (in other words, you prove that you having custody of your child will be better for the child than otherwise.)
What Counts as Domestic Violence?
- If you have intentionally or recklessly caused (or attempted to cause) physical injury or committed (or attempted to commit) sexual assault, and your victim was a family member, you have committed an act of domestic violence.
- If you have made a family member afraid that you were about to seriously injure them or someone they loved, you have committed an act of domestic violence.
- If you have threatened, harassed, struck, destroyed the personal property of, or disturbed the peace of a family member, you have committed an act of domestic violence.
If you read those words and they make you think of anything you’ve done in the past five years, think very carefully about how you will feel if you ask for a divorce — or drive your spouse to ask for a divorce — and you completely lose custody of your child. It’s an ugly truth, but no matter how much your spouse seems to accept you for who you are today, once a divorce gets underway, everything changes. You can rely on your soon-to-be ex to find any proof they have of your bad act and argue that you should never see your child again — and mean it.
Don’t believe everything you see on television. Drama in the courtroom is never a good thing for the party trying to gain custody or set child support payments in their favor. If you attempt to either go to court without a Palmdale family attorney or try to do his job for him, the judge will probably not rule in your favor. Let your attorney do his job and you’ll definitely see better results. Go to court with a sense of entitlement and a bad attitude and you’ll be disappointed with the outcome.
There’s a good reason why we have so many lawyers in our society. The law is a complicated subject that should not be played with by those who know nothing about it. Even dedicated study is no substitute for experience. Our firm has been in our local courtrooms many times over the years and we know what is expected of us. The judges we deal with have all dealt with us before and respect the fact that we always come prepared and advise our clients to let the process work for them.
There are certain rights that you have in child custody and divorce proceedings. It’s not as if you are totally powerless, but it is important that you know where your responsibilities end and those of your Palmdale divorce attorney begin. A good rule of thumb is to do all of your talking before you walk into the courtroom. Screaming at the judge about how much of a slug your significant other is will not do anything to help your case. On the contrary, it may bring your own sanity into question.
Decisions are made and deals are struck long before the parties involved go in front of the judge. As your attorney, we will make sure that the points of the agreement are clear and acceptable to both you and the opposing party. If not, we’ll sit down with their lawyers and go back and forth until a resolution is come to. Let us do our job and we’ll get you the terms you’re looking for. That’s what we do, and we’re pretty good at it.
Stop trying to do it all by yourself. Hire a Lancaster family attorney to handle that child custody case and take your ego and feelings out of the mix. There’s a good chance that, by now, you’re doing your case more harm than good. It’s understandable that you want to be in control. After all, we are talking about your children here. Parents often can’t think rationally when they’re busy fighting with their estranged spouse and trying to do what they feel is best for their children at the same time.
Custody fights, child support payments, spousal support, abuse, neglect, irreconcilable differences, these are all common terms you hear when people talk about divorce. If you’re caught up in a battle over some or all of these, you’re not going to be able to speak and act without some type of emotion. You wouldn’t be human if you could. That’s why the presence of an attorney beside you is so important to your case and the overall health and welfare of your children. You need help coming to the right decision and you’ll definitely need someone to present it for you when you do.
California family attorneys are advocates for spouses that are resolving disputes and have an ethical and moral obligation to always put the interests of the children first in any legal proceedings that affect them. To make sure that happens, in custody cases the children themselves will have an attorney dedicated solely to their interests, not the interests of any of the parties looking to gain custody of them. Unfortunately, sometimes the parents are so focused on their differences with each other that they forget about the best interests of the children. It’s not intentional. It just happens.
Think forward to a time five or ten years from now and visualize how you want everyone involved in this child custody fight to feel about each other. You and your estranged spouse may never be able to heal the wounds between the two of you, but what about the kids? Should they have to suffer? Let our law firm handle the case for you and we’ll do everything in our power to make sure they don’t.
Why come to the law offices of Jesus Zuniga when you need a good California Family Attorney? What exactly makes us so special and why would you hire us before hiring someone else? If you ask any of our current clients, they’ll tell you the most important reason for them is the comfortable and secure feeling they get when we’re working on their case. Our team of legal professionals is confident and easy-going because we know what we’re doing. There’s no guess-work when we go to family court because we do our homework before we walk through the door.
Attorney Zuniga is a lawyer who understands family dynamics and the difficulties that married couples often face. Divorce doesn’t have to be ugly and child custody issues should not permanently damage the children. As a professional with multiple years of experience in family law, Attorney Zuniga knows what steps to take and which to avoid so that your kids are affected as little as possible by the separation and legal divorce of their parents. Some pain is unavoidable, but much can be avoided if the case is handled properly by a competent attorney.
As a Lancaster and Palmdale family attorney, Jesus Zuniga has handled dozens of divorce and child custody cases. As a firm, we also have experience in child and spousal support cases, restraining orders, and the enforcement or defense against contempt of court charges. All of these are, unfortunately, issues that may arise in a family court case. If you’re involved in one, the last thing you want to do is to get caught up in one of these painful processes without legal representation.
Why should you choose us over any other attorney in Lancaster or Palmdale? We have the experience, the knowledge, and the compassion to help you get through what will no doubt be an extremely painful period of your life. Most people are seeking long term happiness when they get married, so a divorce is an unexpected and shocking life change that will require the support of friends and family to get through. It will also require a good divorce attorney, and you have found one of the best right here.