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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





What Are The Long-Term Collateral Effects Of Having A Domestic Violence Conviction On Record?

One of the long-term collateral effects of having a domestic violence conviction is the immigration consequence. Having a domestic violence conviction can lead to deportation or removal proceedings. Seeking the advice of an immigration attorney is advisable in those types of situations. The other collateral consequences are in a family court actions. Specifically, there is a rebuttable presumption in family court that custody of children should lie with the non-offending parent, which means that the person who did not commit the active domestic violence is the person who presumably should have custody of the children and that a person who committed domestic violence should not be awarded spousal support. A domestic violence conviction can also have a negative impact on a person’s ability to obtain professional licenses for employment.

Both a protective order issued in criminal court and a domestic violence restraining order issue in civil court can result from a domestic violence conviction. The latter addresses things such as custody, support, control over the property, whether or not there should be a property restraint made on any money in shared bank accounts, and whether or not the guilty party should be responsible for the payment of any debts if they have to move out of the home. There are several collateral consequences that can ensue from a domestic violence charge and it’s crucial that you have an attorney in your corner that will listen to you, ask the right questions, and educate you on the applicable areas you may be exposed to.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer