Sexual assault is a serious charge, a charge for which the surgeon was acquitted. But, as Mike Nowatzki reports for the Grand Forks Herald, he’ll be defending himself against the same sexual assault accusation during a trial involving divorce and child custody.
The couple has three minor children, according to the report, and child custody will have to be ironed out. If, indeed, the wife shows her husband perpetrated domestic violence against her, it will work against him when it comes to who gets custody of the kids.
Complicating the case is the fact that both parties are seeking primary custody.
And as Nowatzki points out, the burden of proof in terms of proving the allegations is lower than that in a criminal prosecution. In other words, even though the surgeon was acquitted of the sexual assault charges, findings made during the divorce trial could very well leave him on the losing side of the child custody matter.
We handle similar situations as the one discussed in this post. If you would like to learn more about our practice, please visit our Maryland child custody page.
Source: Divorce trial begins Monday for surgeon acquitted of sexually assaulting wife