How Domestic Violence Affects Child Custody in Virginia Fairfax Lawyer

Violence is defined as the intentional use of physical power against another person. Domestic violence is defined as the intentional use of violence against someone domestically such as violence between two spouses or between a father and his child. There are a number of effects that are caused because of domestic violence. These effects may include the following:

  • Nightmares;
  • Anxiety;
  • Lack of concentration; and
  • Physical effects such as cuts, burns, etc.

Virginia law defines domestic violence to be the use of force or threats to cause physical, mental or psychological effects. Virginia law also states that for violence to be domestic, it must be between the following:

  • Individuals who are/ were married;
  • Individuals who share a child even though they are/ were not married;
  • Individuals who are residents in the same place.
  • Individuals who lived together for more than 12 months.

In the state of Virginia, courts always prefer to judge child custody as a joint legal custody. This case is where both parties share the custody from physical custody to financial responsibilities. If a court investigates a party to turn out to be domestically violent, the decision will be influenced by what results came out from the investigation. A judge may decide to limit the domestically violent party from visits and sometimes the judge may force the party to not interfere with the child as he/ she has no responsibility for the minor child. In the case of limiting the domestically violent party from visits, there will be limiting visits which will be supervised by another party that is assigned by the court. The domestically violent party has to overcome a violence management class so that the visits no longer become supervised by the irrelevant party set by the court.

A person who was domestically violent towards someone else that is fit for the word “domestic” as categorized above can support his case for child custody by providing evidence that proves that he/ she will not be domestically violent again so that he/ she can get the sole custody of the child or a legal joint custody where both parties share the same responsibilities evenly towards the minor child. Such evidence may include:

  • Drug treatment;
  • Alcohol treatment; and
  • Guardianship classes.

While domestic violent behavior at home is a difficult issue, a few guardians do create abusive behavior at home charges to pick up preference in a divorce. In these circumstances, it isn’t remarkable for one parent to look for a transitory limiting request based on aggressive behavior at home. Due to the short notice for transitory limiting requests, the reacting guardian might not have adequate notice to show up and safeguard the charges. The parent is then granted a default arrange in light of the fact that the reacting guardian neglected to show up and challenge the claims. Given the solid assumption against allowing joint custody guardianship to a parent with a setup history of aggressive behavior at home, it is imperative that any blamed parent challenge such claims.

Violence is characterized as the deliberate utilization of physical power against someone else. Violence behavior at home is characterized as the deliberate utilization of viciousness against somebody locally, for example, brutality between two life partners or between a mother and her child.

If you need a Virginia Child Custody lawyer to help you with your Child Custody case in Virginia, call us at 888-437-7747. Our Virginia Child Custody attorneys can help you.

Share on facebook
Share on google
Share on twitter
Share on linkedin
Close Menu