Domestic Violence Statistics

With 187,811 reported incidents of domestic violence, 2005 was a normal year for the state of Texas. Texas does not have an inordinate amount of domestic violence. The statistics for Texas are much the same as statistics in other parts of the country. While the figure might seem high, one ought to consider that this is only the cases that were reported.

While domestic violence statistics have remained stagnant for quite some time, one thing that has changed over the years is people’s attitudes. Most members of society now see domestic violence as completely unacceptable. Most people state that domestic violence would be grounds for them leaving a relationship. If you are in a relationship and have been a victim of domestic violence and are in the process of ending your marriage, you might be unsure of some of the processes that are involved in the divorce.

Divorces in which “domestic violence” was a factor tend to be resolved quite differently than regular no fault divorces. If domestic violence occurred then the fault is on the side of the perpetrator. This often leads to bigger settlement deals for the aggrieved spouse. It is with children, however, that some of the biggest changes can be noticed.

Children and Domestic Violence

As far as children are concerned, one needs to be aware that there are different levels of domestic violence and the repercussions for these different levels may result in different findings. Serious domestic violence would tend to be physical in nature. A lesser form of domestic violence would be verbal abuse. It is important to establish the level of violence that occurred as the court will need to determine the threat that is posed to children born in the relationship.

Domestic Violence and Divorce

If serious domestic violence was a factor in the divorce, custody is unlikely to be an issue. It is unlikely that the court would even consider placing children with a parent that had proven him or herself to be dangerous. The goal of custody decisions is to place children with the parent that is going to be able to provide the best care and support. Considering the social, mental and physical consequences of domestic violence, there are few that would claim that an abusive parent is likely to be a positive influence on a child.

Complicating Factors in Child Visitation and Domestic Violence

There may be complicating factors in the child visitation process for the non-custodial parent. If his or her former spouse was seriously assaulted then there may be a restraining order or protective order in place. These legal protections may thwart some or all attempts to establish contact. A protective order would make it a felony to go to a former spouse’s home or place of work. It would also prevent any physical contact with children. A no contact protective order carries this protection a step further and makes it a felony to make contact with one’s former spouse. Contact includes writing letters and placing phone calls. Breaching the terms of a protective order can result in jail time. Restraining orders will not result in jail time but can result in civil action. If a protective or restraining order is in place, the correct course of action is to contact one’s spouse through an attorney. Lawyers are committed to make contact with the spouse.

Possible Child Visitation Outcomes

There are actually three possible outcomes with regard to child visitation decisions in relation to domestic violence cases. A court could decide that the parent presents no risk to the child and grant full visitation rights. This is quite unlikely but if it can be proven that the parent is not a danger to the child, it may be possible. The court could decide that supervised visitation is in order. The final possible outcome which is used to deal with serious domestic violence cases is that no visitation would be allowed.

In divorces that involve domestic violence, the best that the non-custodial parent can usually hope for is some form of visitation. Depending on the level of violence that was involved in the relationship and whether or not the children personally suffered the violence, the court might deem it appropriate that the non-custodial spouse retains a right to visitation. If the domestic violence was serious in nature, it is unlikely that unsupervised visitation would be allowed. Commonly, visitation is carried out at supervised visitation centers. Parents will need access to various social services in order to arrange such visitation and it may take some time to establish.

If a court grants very limited visitation rights or no visitation rights to the non-custodial parent, he or she might be able to apply for a modification later. The parent will need to take steps to prove that he or she is no longer a danger to his or her child and former spouse. This can be difficult to prove but may be possible if it can be shown that someone has undergone extensive therapy or counseling.

Child visitation is a difficult area in divorces that involve domestic violence. The abuser may genuinely wish to change and to be a positive force in his or her children’s lives. The trouble is placing a child in the care of such a person even for a short time could place them in danger. Supervised visitation remedies this possibility to a certain extent but there is the simple fact that contact with an abusive parent even under controlled circumstances can interfere with a child’s recovery. Contact a family law attorney to discuss domestic violence issues and child custody.

If your divorce involves domestic violence, it is pertinent to discuss the issue of child visitation with your lawyer. They will be able to properly inform you of the situation and the likelihood of any visitation rights being granted in your specific case.

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