A domestic violence charge can keep parents from children
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A domestic violence charge can keep parents from children

On Behalf of | Aug 13, 2021 | Uncategorized |

Any criminal charge in Oregon state court should be taken seriously.

For one, most of these types of crimes carry with them the possibility of jail time. A person can also receive a significant fine and be placed on probation.

The terms of probation can involve conditions like mandatory counseling at a person’s own expense and a no-contact order.

Moreover, a criminal conviction for domestic violence can also lead to other serious consequences, including lost professional and personal opportunities and even legal repercussions like negative immigration consequences or the loss of the ability to carry a firearm.

Oregon courts are not supposed to grant custody to perpetrators

Moreover, if a person gets convicted of a crime related to domestic violence, then a family law court will consider him or her a perpetrator of domestic violence.

If the person happens to be a parent involved in a custody case, this means that the court may not award custodial rights to that parent unless the parent can demonstrate otherwise. It is important to keep in mind that this is so even if the alleged domestic violence did not involve the child or other parent in the custody case.

While this does not necessarily mean that the parent won’t be able to see his or her children, the loss of custody can be a hard legal blow.

It will mean that the parent will not have the authority to make decisions for his or her child except in limited circumstances, like a medical emergency.

Parenting time may be limited after a domestic violence conviction

Although there is no requirement that they do so, Oregon courts also have the authority to restrict parenting time after an allegation of domestic violence.

In short, parents in Clackamas County especially should evaluate their criminal defense options carefully if they are accused of a crime related to domestic violence.