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2 Ways A Criminal Defense Attorney Can Assist In A Divorce Case
A criminal defense attorney and a divorce are two terms that don't usually go together. Criminal attorneys specialize in criminal law, whereas a divorce falls under family law.
Nonetheless, divorces tend to be messy. Hence, divorcing spouses often raise criminal allegations against each other during a divorce. For example, one spouse may claim their partner was abusing them or their kids. In such a scenario, the family court may hold an emergency hearing to get to the bottom of the allegations before settling the divorce matter. Hence, if you are the spouse facing criminal allegations, you should have a criminal defense attorney representing you.
Thus, here are two ways a criminal defense attorney can assist you in a divorce.
1. Evaluating the Allegations and Formulating a Defense Plan
When criminal allegations become part of the divorce proceedings, they can affect the divorce outcome. For instance, a family court may halt the divorce proceeding to allow the criminal court system to pursue the allegations. Thus, you may have to wait for several months before your divorce gets finalized as you wait for the criminal allegations to get sorted out.
Furthermore, you may get a restraining order barring you from contacting or visiting your ex-spouse after the divorce, which will affect when and how you can see your children.
Hence, if criminal allegations become a part of your divorce case, it is advisable to hire a criminal defense attorney as soon as possible. The sooner you hire a criminal defense attorney, the sooner they can start evaluating the allegations and evidence against you and then devise a strong defense.
2. Preparing You for Cross-Examination
When a family court schedules an emergency hearing to resolve criminal allegations such as domestic abuse or sexual assault, you must take the stand for cross-examination. However, even if you are innocent of the allegations, it is pretty easy to make incriminating remarks during the cross-examination.
Thus, it is up to your criminal defense lawyer to coach and guide you through the questions you should expect during the cross-examination. Furthermore, it will be up to your criminal defense lawyer to prevent your spouse's lawyer from swaying the court in their favor. For example, if your criminal defense lawyer detects that your spouse's lawyer is leading you to incriminate yourself during the cross-examination, they will object to the line of questioning.
Thus, it will be up to your criminal defense lawyer to help you maintain your innocence during the proceedings.
Call a criminal defense lawyer for more information.