(Newswire.net — October 14, 2020) — Domestic violence often occurs during divorce and child custody cases. In fact, it may be the reason you’re getting out of the marriage in the first place. If you’re divorcing an abuser or if you’re getting divorced and there is an order of protection against you, you’re probably wondering how visitation with your kids is going to work.
It’s important to understand the impact of domestic violence on child custody and visitation. When one of the parties files a petition in a court of law, the judge will hear all the facts and make a decision. If enough evidence is provided, the court will rule that domestic violence has occurred.
According to B. Robert Farzad of Farzad family law, a domestic violence finding does not only mean that the parent who committed an act of domestic violence will have to stay away from their ex, and if it happens your current custody agreement may not stay the same.
The Court Takes Domestic Violence Seriously
Domestic violence in a household where a child resides is detrimental to the child’s well-being. A finding of domestic violence can affect the rights of the perpetrator to visitation and child custody. The law requires the state to assure the welfare, safety, and health of a child.
The court presumes that awarding child custody to perpetrators is detrimental to the best interest of a child when a finding of domestic violence is made in a situation involving child custody and visitation. In some cases, the perpetrator of domestic violence can get visitation if they overcome some presumptions by offering some evidence.
If a perpetrator does this, the court must consider several factors. First, they must evaluate whether or not the perpetrator has proven that giving them visitation is in the best interest of the affected child. If a perpetrator is found to be abusing drugs, they must complete drug abuse and alcohol counseling.
If a perpetrator was on probation, the court must evaluate whether or not they have complied with the terms of the program. Additionally, they can also get visitation if it’s determined that they have not engaged in further actions of domestic violence. The court may obligate the perpetrator to enroll in a rehabilitation program. Joining such programs can strengthen your argument when seeking visitation.
A court must consider evidence that a perpetrator has completed the requirements they deemed necessary. If the perpetrator can overcome the presumption that they are a danger, they may be awarded visitation with the child. Unless it’s not in the best interest of the child, reasonable visitation is usually granted.
The Impact of a Restraining Order on Child Custody
A restraining order is issued to protect individuals from further harm from people who hurt them. It helps to ensure the abuser stays away from a person they have abused. The order doesn’t give perpetrators a criminal record. However, a conviction in court will.
How Do You Obtain a Restraining Order?
If you’re a victim of domestic violence, you can obtain a restraining order against your abuser. If you go to the court and ask for information about filing, the clerks will make sure you have the proper paperwork. Most cities have organizations that help victims of domestic violence. They will walk you through the steps involved in your local courts. Visit this website to learn more about domestic violence resources.
How Does a Restraining Order Work?
If the court gives a restraining order, it outlines specific instructions on what the abuser can and cannot do. For example, the individuals may be ordered to avoid any contact with the victims physically or through the phone. The order may also cover other members of a family.
It the victim and the perpetrator share a house, they can be ordered to leave no matter who owns it. Usually, the court will award custody of any minor children to the abused spouse. The abuser may also be required to pay child and spousal support.
The judge will outline specific conditions for child visitation while the order of protection is in effect. In most jurisdictions, it lasts for about 10 days, but it can be extended if the abused person can show that they are still in danger from their abuser.
If you have a restraining order and your abusive ex is granted visitation, another family member or a police officer may handle the pick-ups and drop-offs, or your ex may only get supervised visitation. Don’t worry, you won’t have to interact with them during this time.
If your ex has a restraining order against you, do not violate it or you might lose any visitation you’ve been granted. You may also lose any shot you’ve got at getting partial custody of your kids in the future. Children are only young once, and even if you’re mad at your ex, it’s simply not worth missing out on this time in their lives because you were angry.