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Accepting a plea bargain, Domestic Violence, Gross Misdemeanor. Is there any consequence in divorce and property division?
Anonymous1 views2 answers
I was falsely accused of domestic violence by my divorcing wife. I am taking the criminal defense attorney's suggestion to accept a plea bargain of gross misdemeanor of domestic violence (Assault 4 DV). Is there any consequence on divorce and property division? Is she going to get an upper hand? Is she going to be entitled to more property share or something?
Also, my wife has consolidated the domestic violence protection order case to this divorce case, what is her benefit in doing this?
If you have minor children, a DV conviction or guilty plea likely will result in your time with the children being limited.
If you are not a US citizen, a DV conviction or guilty plea to a crime of which the wife is the alleged victim likely will result in you being deported from the US.
There are numerous other consequences of which you need to discuss with your attorney.
RCW 26.09.080 (Disposition of property and liabilities — Factors) provides the factors the court should consider in dividing assets and debts. The statutes are at http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09 .
You should review your specific facts with your family law attorney to find out your legal options regarding your divorce case.
You state you already have criminal defense counsel. That ethically prevents any reputable attorney on - or anywhere else for that matter - from weighing in.
This site is not here to provide a forum to second guess your attorney.
Schedule an appointment to discuss this with your attorney. Make sure you understand all ramifications BEFORE you enter a plea of guilty as charged.
