Domestic violence allegations can reshape a divorce or custody case in Washington. Even before any conviction, these accusations can affect parenting plans, visitation rights, and property division.
So, if you’re facing criminal charges and going through a family law dispute, you need to understand how the two legal systems intersect and that’s what we’ll talk about today.
The Impact of Domestic Violence Charges on Custody and Divorce
Washington courts prioritize the best interests of the child in any custody decision. If a parent has been accused of domestic violence, the court may assume that giving them custody or unsupervised visitation would not be in the child’s best interests. This assumption is rebuttable, but it places the burden on the accused parent to prove that contact with the child is safe.
In addition to limiting custody, judges may order supervised visitation, restrict overnight stays, or require completion of anger management or parenting classes. If the court believes the child witnessed the violence or was directly affected, these restrictions are often immediate.
How Protective Orders Affect Divorce
Many domestic violence charges are accompanied by a no-contact or protection order. These orders can force a parent to leave the home, stay away from their children, and avoid all communication with the other party.
If you’re facing both criminal charges and a divorce, a protection order can disrupt your ability to gather financial documents, access your home, or participate in custody discussions.
Property Division and Spousal Support
Washington is a community property state, but domestic violence can still influence how assets and debts are divided. A judge may award a larger share of property or support to the victim, especially if abuse impacted their earning ability or financial independence.
Your Criminal Case Affects the Family Court
Statements made in criminal court can be used in family court, and vice versa. That’s why it’s important to work with a defense attorney who understands the overlap between criminal and family law. Pleading guilty or making public admissions can weaken your position in the divorce.
If you’re facing domestic violence charges during a divorce or custody battle in Snohomish County, call Snohomish Law Group immediately. We’ll help protect your rights and guide you through both legal challenges.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
