Legal Question in Family Law in Massachusetts
Using an arrest against you?
I read on this website that if you go to family court seeking custody of a child, if you had been arrested previously, it can be used against you in court. Is this correct? Or did the lawyer mean to say a conviction can be used against you? Several years ago I found myself being arrested after being accused of domestic violence. I had irrefutable proof that the charge against me was a lie, and the charge was quickly dropped. Would I have to go through all the same nonsense again of showing I was falsely arrested of domestic violence if I go to family court seeking custody of my child?
1 Answer from Attorneys
Using an arrest against you?
When you go to family court, the standard used is the best interests of the child.
Any information or facts that tend to show that your request is undermined by your history or behavior, if relevant, can be used against you.
Yes, you can produce evidence that supports your view or position that the arrest was based on false allegations, and that that the complaint was dismissed.
It is like the other person gets two bites at the apple, but this is the downside of this system, as unfortunate as it sounds.
If you wish to discuss this and your options, you can contact me.
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