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Divorce Law-Criminal Law Connection |
Divorces typically turn into a he-said-she-said affair. Judges more than anyone are immune to the constant suggestions to outright accusations that the other party is a horrible person. That doesn't mean that an attorney should not zealously portray the other party as negatively as possible but, rather, that they should do their homework first.
If the other party is, in fact, a bad person, they are likely to have a criminal conviction. A good lawyer should check to see if a conviction does exist and, if so, get a certified disposition of that case.
In the many early emergency hearings of a divorce, the attorney can present this certified disposition to the judge as relevant evidence. For example, that mom doesn't feel comfortable with dad picking the kids up because he had a DUI last year.
By presenting this certified and independent evidence to the judge, an attorney is able to wake the judge out of his or her "he-said-she-said stupor" and begin portraying their client as the good guy and the other party as the bad guy.
This strategy has worked well for me. In one case, I had temporary custody revoked because I was able to show that Dad was convicted of assaulting a 12 year old the prior year.
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