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Assault On A Family Member & Child Custody – Virginia Lawyers

If you need help with your child custody case and are concerned how an assault on a family member charge may affect your case in Virginia, contact our law firm immediately for help.

Assault On A Family Member & Child Custody in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Louis v. Louis

Facts:

The wife filed a complaint for divorce against the husband for assault on a family member and on herself on the ground of cruelty and desertion and sought custody of the parties’ children and child support. The husband filed a cross-complaint for divorce on the grounds of cruelty and gross violation of her marital vows, and sought child custody. A child was born to the wife 314 days after the parties’ last cohabitation, and the wife sought custody and support for that child.

If you are facing a family case in Hanover, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  • A presumption of law exists in favor of the legitimacy of a child born in wedlock. The presumption may be rebutted by other testimony. Improbability of known access by the husband merely of itself is not sufficient to repel the presumption, but when the evidence forces the conclusion of non-access beyond all reasonable doubt, it is sufficient to repel the presumption.
  • Wherever it is sought by a wife to prove that during the pendency of a divorce action, there had been sexual relations with her husband, the proof of such cohabitation and condonation rests upon her, upon the principle that who alleges fraud has the burden of proving it by evidence which is clear and convincing.

Assault On A Family Member & Child Custody in Virginia.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
Sris Law Group
1-434-509-4004

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