If there are accusations about domestic violence in a child custody case, the judge has to hold an «evidentiary hearing» (a trial before a judge without a jury) to decide whether a parent has engaged in one or more acts of domestic
violence against the other parent, the child, or another family or household member.
Alaska law also creates a «rebuttable presumption» (a legal assumption that has to be overcome with credible evidence to the contrary) that if an abusive parent has a history of committing domestic
violence against the other parent, a child, or even a domestic living partner, the abusive parent must not be awarded sole legal custody, sole physical custody, joint legal custody, or joint physical custody.
Where a parent who has been accused of domestic
violence against the other parent or the child is granted primary custody of the child
Not exact matches
Diablo III: Ultimate Evil Edition is rated M and has some content descriptors that might give
parents pause, but this is
violence of the fantasy variety,
against demons and
other monsters.
Incidents in
other settings tell us that where there is verbal abuse going unchecked, so there will follow physical
violence, and there can be little doubt that an aggrieved
parent is going to take his / her frustrations out one day on an administrator and the administrator will claim damages
against her employer for failing to provide a safe working environment.
For example, a
parent who has been convicted of domestic
violence may be denied custody, whether the
violence was perpetrated
against the child's
other parent, the child herself, her siblings, or even another family.
Some definitions of physical abuse do not include perpetrator intent;
others reflect motive rather than injury type.3 Additionally, definitions of physical abuse are culturally determined, and what is considered abusive in one society may not be in another.4, 5 In many societies, physical
violence against children as a method of punishment is endorsed by
parents, sanctioned by societal institutions (such as schools) and allowed by law.
If the
other parent has filed a domestic
violence injunction
against you, you'll have to wait until the hearing on that petition occurs.
When a court is asked to make consent orders which would result in a child spending time with a
parent or
other person
against whom allegations of family
violence or child abuse have been made, the parties to the proposed orders must provide an explanation of how the order attempts to deal with those allegations?
The attempts of a
parent to turn the child
against the
other parent, except in cases of domestic
violence where reasonable safety measures are necessary to protect the child from harm.
An injunction for protection
against domestic
violence issued pursuant to s. 741.30 for a
parent as the petitioner which is in effect at the time of the court proceeding shall be one means of demonstrating sufficient evidence that the
parent is a victim of domestic
violence or is about to become the victim of an act of domestic
violence, as defined in s. 741.28, and shall exempt the
parent from this section, including the requirement to post a bond or
other security.
In California, if a
parent has a history of domestic
violence against the child's
other parent, the child, or the child's siblings, the court would prefer not to grant custody to that
parent.
assess whether the physical and emotional safety of the child and the person alleging the family
violence or abuse can be secured before, during and after any contact the child has with the
parent or
other person
against whom the allegations are made
It is important for
parents, teachers, counselors, and
others to teach adolescents to protect themselves
against dating
violence as much as possible.
Generally, domestic
violence includes acts
against any member of the household, including children or the
other parent.
Shared
parenting assumes that both
parents will be awarded joint custody, unless
other factors (proven abuse or domestic
violence) weigh
against it.