Medium photo
Michael Berg

Michael Berg, Certified Specialist in Criminal Law

Domestic Violence Custody Battles

Domestic Violence and Child Custody

All too often, domestic violence charges are brought in tandem with divorce proceedings and/or custody battles. These situations are extremely complicated because they involve two areas of law: family law and criminal law. Generally speaking, attorneys and judges don’t practice in both areas, which can make navigating these situations challenging for everyone involved. If all parties aren’t communicating effectively, it is easy for small but significant details to be lost in the cracks.

At San Jose Criminal Law, we will leave no stone unturned in your criminal defense. Our goal is to work with your family law attorney to attain the best possible outcome in your custody proceedings. We strongly believe that domestic violence can have very harmful effects on children. However, we also know that both parents have important roles to play in raising a child.

Don’t assume that a domestic violence charge will automatically result in the loss of your parental rights. Take action as soon as domestic violence charges are brought against you by hiring a qualified criminal defense lawyer who is prepared to work closely with your family lawyer to favorably resolve child custody issues.

Michael Berg has a strong reputation. If you live in the Silicon Valley and have been charged with domestic violence in the context of a custody battle, call 619-239-2186 for a free and confidential consultation.

Wrongful Accusation of Domestic Violence is not Unusual

Unfortunately, wrongful accusation of domestic violence is not unusual and can be the result of a variety of factors, including the belief that charges could yield benefits in divorce or child custody proceedings. Charges of domestic violence are made by the state, which means that even if the accuser changes his or her mind and regrets the charge, they cannot be dropped after they are made.

If a judge determines domestic violence has occurred within five years of the custody case, then special rules to decide custody of the children are implemented. Typically, this means that the judge cannot give either joint or sole custody to the parent convicted of committing domestic violence (although that parent generally retains eligibility for visitation).

If you have been wrongfully accused of domestic violence, our experienced San Jose domestic violence lawyers can help ensure that you are treated fairly and that your rights are protected. We know that it is important to investigate these cases carefully.  We are committed to helping all the facts come to light.

With more than 65 years of combined experience in domestic violence cases, including experienced former criminal prosecutors, we have seen it all. We know firsthand how our opponents build these types of cases, and we have the experience to defend you against them. Call 619-239-2186 for your free and confidential consultation.