How Does Domestic Abuse Affect Child Custody?

Unfortunately domestic abuse is prevalent across Minnesota. Because it can take a large role in how a family interacts, domestic abuse can play a large role in other legal matters outside of a criminal domestic assault charge. In fact, domestic abuse allegations have arguably more damaging repercussions in family law proceedings, even where there has never been a criminal charge involved.

Often, proof of domestic abuse allegations do not rise to the level necessary for a prosecutor to charge a person with domestic abuse. Nevertheless, the victim of domestic violence may file for a restraining order against the abuser: a court order called an Order for Protection (or OFP). An OFP has grave consequences for the restrained person, including loss of gun rights and the ability to have any contact with the alleged victim. Additionally, violation of an OFP may result in criminal charges.

A situation involving domestic violence may become even more complex if there are children involved. Even if the children were not victims of the domestic violence, the parent accused of domestic abuse may find their parenting time and custody rights restricted. 

Domestic abuse affects a number of aspects of child custody and parenting time, and plays a direct role in the court’s determination of what placement is in the best interests of the child. The court will consider not only whether domestic abuse has occurred, but also what implications that abuse may have for parenting, the safety of the child, and the child’s developmental needs. Importantly, when there has been domestic abuse, there is a presumption against joint legal and physical custody. This can mean significant changes to child custody and parenting time for both parents and may even mean a previous child custody court order is changed. 

If you have been involved with domestic violence or domestic abuse, it is important that you contact an attorney as soon as possible to determine the best steps to take in order to protect your legal rights and safety. The attorneys at RAM Law PLLC are experienced in handling domestic abuse situations in the context of divorce, child custody, and in criminal law cases. Call now to speak with the knowledgeable Minnesota family law attorneys at RAM Law about your situation.