How Domestic Violence Affects Child Custody

Domestic violence allegations by a parent can have serious consequences and impact your child custody case. These allegations are always relevant, especially if minor children are involved. This a common problem for many parents nationwide. It is a harmful environment, which may result in limited access or no access to the children. The abusive parent may end up losing his or her parental rights completely. If you have any questions about how to file a restraining order during your divorce or custody dispute, contact a Salt Lake City restraining order attorney.

Domestic violence can lead to physical and emotional harm. It is a destructive behavior that creates an unsafe environment for your children. In Utah, the harm is defined as hitting, pushing, harassing, kidnapping, throwing things, and so on. Whether the harm was inflicted by a family member or companion, you should remove yourself and your family from this type of environment by requesting a protective order.

There are cases where domestic violence persists and obtaining a protective order may be the only thing left to do. However, the victim must prove that he or she has been harmed or threatened by the abuser. This person could be a current or former spouse, individual living in the same house, parent, or relative. If the judge decides that the allegations are true and the abuse may persist in the future, the victim will be granted a protective order. A protective order requires the abuser to refrain from contacting, harassing, intimidating, or interfering in the victim’s life.

The legal consequences of domestic violence

Domestic violence is a huge factor when determining the best interests of your children. If there is evidence of domestic abuse, the abusive parent may be restricted from contacting or seeing the children. Some of the most common consequences include:

  • Supervised visitation – Visitation in a more controlled setting may be required in some domestic violence cases. However, this requirement can be lifted if the abusive parent can show the court the abuse has stopped.
  • Terminating parental rights – The judge may terminate the abuser’s parental rights on a temporary basis, which means the abuser will no longer see the child. These cases generally involve sexual abuse, attempted murder, and other serious offenses.

Contact a Salt Lake City restraining order attorney

If you believe you need protection from an abuser, you should contact a Salt Lake City restraining order attorney, especially if you have minor children. You need to keep your children safe and the abuser away from the scene where the abuse occurred. Your attorney can assess the situation and tell you if you qualify for a restraining order. Although an attorney is not required to file a restraining order, it is always a good idea to have one by your side. Contact us today and schedule your initial case evaluation with family law attorney Emy A. Cordano. It is never too late to seek legal advice from a family law firm.

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