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Which role do domestic violence lawyers play in custody cases?

Gregory McKay October 25, 2023
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When there are allegations of domestic violence in a custody case, the involvement of a domestic violence lawyer can be crucial in protecting the safety and rights of the victim and children. A Domestic Violence Lawyer in Los Angeles plays an important role in such sensitive and complex cases.

Investigating abuse allegations

A key role of the domestic violence lawyer is to gather evidence to document the abuse. This can include obtaining police reports, medical records, photographs, sworn statements from witnesses, and other documentation. Thorough investigation and documentation of the violence provides critical evidence for the custody case. The lawyer identifies patterns of coercive control and builds a timeline of the abuse. 

Advocating for safety provisions

Based on the history of domestic violence, the lawyer advocates for provisions in the custody order that protect the safety of the victim and children. These can include supervised visitation, exchanges at police stations, limiting communication between the parties, and counseling requirements for the abuser. The domestic violence lawyer argues for custody and visitation arrangements that best serve to prevent further abuse.

Advising the client 

defence lawyer for domestic violence counsel their clients about strategies to remain safe during separation when the risk of violence tends to escalate. The lawyer provides information about legal options, safety planning, and community resources. Understanding the dynamics of domestic violence, the lawyer supports the client through the emotional and logistical challenges of this process.

Collaborating with other professionals

The domestic violence lawyer collaborates with other professionals involved in the custody case, such as the guardian ad litem, parenting coordinator, therapists, and law enforcement. The lawyer educates these professionals about domestic abuse dynamics and helps coordinate safety provisions across the different systems. This multidisciplinary approach enhances protections for survivors.

Examining expert witnesses

In some cases, the domestic violence lawyer will retain or cross-examine expert witness psychologists. The lawyer works to ensure the expert has an adequate understanding of domestic violence and engages in proper protocols for evaluation. If the opposing party retains an expert, the domestic violence lawyer scrutinizes their qualifications and methods. 

Presenting evidence in court

During court proceedings, domestic violence lawyers submit petitions and argue for custody arrangements that are in the best interest of the child and protect the abuse survivor. The lawyer presents documentation and evidence, examines witnesses, and advocates passionately for the safety and wellbeing of the victim and children.

In custody litigation involving domestic violence, having a lawyer experienced with this complex issue is critical. Domestic violence lawyers understand the dynamics of abuse and legal strategies to prevent further harm. By investigating abuse, advising clients, collaborating across systems, scrutinizing experts, and advocating in court, domestic violence lawyers play an essential role in pursuing justice. With their support, survivors have a powerful advocate as they work to free themselves and their children from abuse.

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