A Violation of Probation (VOP) charge can be very distressing for the accused individual and may be further aggravated by the potential effect of a conviction on visitation, parental responsibility or other family law matters. The impact of a VOP conviction will vary considerably depending on the unique factors of each individual case, including:
Severity of the original offense
Length of time since beginning probation/release from jail
Whether this is the first VOP or one of many
Severity of the offense giving rise to the VOP charge
Level of risk associated with the offender
Oftentimes, an offender will be issued a no bond warrant following a VOP arrest in Florida, which means that the offender must remain in custody until the resolution of the matter. When this happens, it becomes impossible to maintain critically important roles as a parent, guardian or caretaker and can leave a lasting impact on a pending parental responsibility or visitation order.
For help with this issue, be sure to contact a Sarasota probation violation attorney immediately to help protect your rights within both the criminal and domestic law realms.
Child Custody & Visitation Following VOP
In Florida, all family law matters are decided under the national “best interests of the child” standard,” which mandates that the child’s needs are placed preeminently above those of any other litigants in the case.
Accordingly, the Florida General Assembly has enacted a set of factors known as “best interests factors” to help guide courts when deciding on an appropriate legal framework for the child’s custody and visitation arrangement.
Of these factors, the court will review each parent’s criminal history and background, which may have a negative impact on that parent’s ability to obtain shared parental responsibility with the child.
While a criminal conviction does not necessarily eliminate a parent from maintaining custody or visitation, it is certainly not helpful to that parent’s position. Moreover, conviction of certain sex crimes – or crimes against the child or the child’s other parent – will work to conclusively exclude the offender from being a viable contender as the child’s guardian and/or primarily caretaker.
When it comes to a VOP conviction, the court could analyze this information one of several ways depending on the circumstances of the case. If the VOP occurred due to missed mandatory check-ins, the family court may not weigh this information as heavily as if the VOP occurred due to the commission of a subsequent crime or major violation of a probation term.
Other VOP allegations that could seriously impact custody and visitation rights include those involving failed drug tests or maintaining contact with other known offenders.
Contact the Fowler Law Group Today!
If you have a standing custody or visitation order and are concerned about a recent VOP or would like to discuss your options preventatively with a knowledgeable probation violation attorney, please do not hesitate to contact the Fowler Law Group: Sarasota – (941) 900-3100.