Domestic Violence And Custody Decisions

When families face domestic violence, custody decisions become particularly sensitive and important. Courts prioritize the safety and well-being of children, and evidence of abuse can significantly influence custody arrangements. Contact our Santa Clara County, CA family lawyer if you’re dealing with a domestic violence situation and need help securing a safe environment for your children.

How Domestic Violence Affects Custody

Domestic violence can affect both physical and legal custody. Judges consider whether one parent poses a risk to the child or the other parent. Even if a parent has a strong desire to maintain custody, evidence of abuse may limit or restrict their access. Courts can create arrangements that minimize contact between the alleged abuser and the child while still allowing the child to maintain a relationship with both parents when it is safe to do so.

Documenting Abuse

Proper documentation is critical when domestic violence is a factor in custody decisions. Police reports, medical records, and restraining orders all provide evidence that the court can consider. Testimonies from witnesses or professionals, including counselors or therapists, may also be included. When you’re dealing with domestic violence or abuse, it can be hard to take the first step, but knowing when it’s time to consult with our legal team can help prevent issues from escalating. Our attorney has been helping individuals and families for decades, and he will listen to your story with compassion and no judgment.

Temporary Custody Orders

In situations involving domestic violence, the court may issue temporary custody orders while the case is pending. These orders establish where the child will live, who will handle day-to-day decisions, and what restrictions are placed on the parent accused of abuse. Temporary orders are designed to protect the child and the non-abusive parent while longer-term arrangements are determined.

Supervised Visitation

In some cases, courts may grant supervised visitation for a parent with a history of domestic violence. Supervised visitation allows the parent to maintain contact with the child under controlled conditions, ensuring the child’s safety. The court may also require counseling or parenting classes as part of the visitation plan. These measures allow the child to maintain a relationship with both parents while reducing the risk of harm.

Long-Term Custody Considerations

When making long-term custody decisions, judges consider multiple factors, but the presence of domestic violence is always significant. The child’s safety, emotional well-being, and stability are the primary concerns. Courts may award sole custody to the non-abusive parent or place restrictions on the abuser’s custody rights. The goal is to create a safe environment while promoting the child’s best interests. Both legal and physical child custody exist, and depending on the severity of the domestic violence or abuse, you may want to prevent the abusive parent from having either.

Getting Legal Support

Domestic violence cases in family court require careful attention to detail and proper legal guidance. We work with clients to collect necessary documentation, represent their interests in court, and protect both the child and the non-abusive parent. Our clients appreciate how ethical and honest we are and how we always fight for our clients. Contact our Attorney Bernie today to discover how he can help!