My wife was charged with simple assault against me

UPDATED: Oct 1, 2022

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My wife was charged with simple assault against me

Her court date is in a few weeks. How would
this charge factor in to a divorce as far as
child support, alimony and custody of my child
goes ?

Asked on March 27, 2018 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Acts of domestic violence is but one of the factors that a court will indeed consider in child custody and visitation matters. The court will generally not deny visitation but can order that the child or children reside with the non-abusive parent, can order supervised visitation or whatever the court deems appropriate. Now, alimony is not automatically awarded in North Carolina and "marital misconduct" is a factor that will be taken in to account.  This is a fact specific circumstance.  Please seek legal help. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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