Where does Criminal Law Intersect Family Law?
In many circumstances, the actions of one spouse can trigger criminal charges, and may cause them to need a criminal defense lawyer. When these intersections of criminal law and family law intersect, you will need an experienced criminal defense lawyer.
In many cases, what is going to actually trigger a divorce or separation is going to be allegations of domestic violence. These charges may range from misdemeanors to felonies depending on the accusations, the facts and circumstances. In other cases, a criminal charge may occur as a result of sexual molestation, an accusation of sexual molestation, or other such instances of unwanted sexual attention towards children or the spouse.
It is important to take any allegation seriously, there are many instances however in which a spouse is going to use criminal allegations in order to be vindictive against the spouse who is divorcing them.
Orders of protection emergency city are going to attempt to protect all the victims of abuse. If one spouse is alleging any kind of sexual misconduct against the other, they may receive an order of protection or an emergency order for custody of the children in this relationship. In this instance, the intersection between family law and criminal law is clear as a hearing is going to have to occur to make a determination regarding custody of the children or protective orders.
In this instance, the defendant will have to make a decision because they do not want criminal liability. They do not want the divorce process to be more adversarial than it has to be. However, many people who are accused of criminal out negations or abuse in divorce cases are going to be completely innocent. If you are accused but you are innocent, having a come with the defense lawyer can help to prove your innocence.
Often times people are accused of crimes they did not commit because they want to get a divorce. This means they would state their case at a hearing for orders of protection or emergency orders for custody in a family court. However whatever that spells is during these hearings may be used against them in the criminal case, to listen to your criminal defense lawyer. Even innocent mistakes told during these hearings may be used to accuse a person of lying about much bigger issues such as child molestation or physical abuse. The testimony in his court hearings is going to be taken under oath and therefore may be used to impugn the character of a spouse in a later date.
What makes is that a spouse is going to want to have custody of the children and fight for the right to be with her children, then we need to take time to visit with an experienced criminal defense lawyer to ensure that they proceed in such a way as to protect all of their legal rights and the rights of their children.