Fighting Common Misconceptions
Domestic violence charges can have serious consequences for anyone, but women often face unique challenges when dealing with CDV charges. From the impact on their reputation to contending with gender bias to the potential loss of custody of their children, the consequences of a domestic violence or DV conviction can be severe. This is true whether it's a misdemeanor DV 3rd degree, or a more serious 2nd, 1st or DVHAN charge.
If you’re a woman facing a domestic violence charge, it’s essential to understand the stakes and take steps to protect yourself. Here are some things you need to know.
CDV Convictions Can Affect Your Job Prospects
A criminal domestic violence (CDV) conviction—or even allegations that don’t result in a conviction—can significantly impact your professional life. This is particularly true for women, who often face additional scrutiny and bias in the workforce.
- If you’re convicted of CDV, you may find it challenging to secure employment in certain fields. This is particularly true for healthcare and education, sectors that require extensive interaction with vulnerable populations. These industries often have stringent hiring practices that may disqualify candidates with CDV convictions.
- Many employers conduct background checks as part of their hiring process. A CDV conviction appearing in these checks could lead to disqualification, irrespective of your qualifications or previous work experience.
- Even if you’re not looking for a job in a sensitive field, a CDV conviction can still damage your professional reputation. This could make it harder to secure employment, as employers might view such a conviction unfavorably.
It’s critical to remember that these potential consequences aren’t confined to convictions alone. Even allegations of CDV can result in similar impacts, as they can taint your professional reputation and lead to negative perceptions that extend throughout your industry and/or community.
CDV Convictions Can Affect Your Custody Rights
If you are a parent who has been convicted of CDV, there could be a profound impact on your custody or visitation rights. Family courts take a stern view of domestic violence allegations, considering the safety and well-being of the child as paramount. A conviction may sway the judge to question your abilities as a fit parent.
- A CDV conviction could lead to a court ruling that changes the dynamics of custody arrangements, possibly resulting in reduced visitation rights or even loss of custody. The court may deem that the child’s best interests are served by staying away from a parent with a domestic violence conviction.
- Accusations of CDV, even without a conviction, can complicate your custody case. The mere allegation can introduce doubts about your suitability as a parent, influencing custody decisions in favor of the other parent.
- In some cases, supervised visitation might be mandated by the court, where a third party must be present during your time with your child. This is designed to ensure the child’s safety but can significantly impact the quality of your relationship with your child.
Mitigating the effects of a CDV arrest or conviction on your custody rights can be incredibly challenging. Having an experienced attorney guide you can help you build a more robust legal defense strategy and make a difference in safeguarding your rights as a parent.
Navigating Gender Bias and Misconceptions
As a woman facing CDV charges, the journey is often laden with gender bias and unfounded stereotypes about how such cases unfold. Society’s preconceived notions about gender roles might cast you in an unfavorable light, which can influence the reactions of those involved in your case, including law enforcement, the judiciary, and even your social circles. Recognizing this bias and working with a legal professional who understands these nuances can be a significant advantage in your defense.
The Power of a Skilled CDV Attorney
Facing a domestic violence charge does not strip you of your legal rights or potential recourse. You’re entitled to a fair trial and the opportunity to defend yourself against these allegations. Collaborating with a criminal defense attorney experienced in handling CDV cases can be instrumental in helping you through this situation. James Snell has represented hundreds of women throughout South Carolina facing criminal domestic violence charges. He is also the author of Challenging CDV, now it it's third edition. This is the book on defense strategies to help avoid a domestic violence conviction.
If you’re a woman facing CDV charges, don’t leave the outcome of your case to chance. To learn more about how we can help, contact the Law Office of James R. Snell, Jr., LLC today.