Domestic violence can have a significant impact on custody. In many cases involving domestic violence, the court will issue a protective order, also known as a restraining order. Protection orders typically have many strict conditions. The restrained person (i.e. the abuser) may be prohibited from entering their home. They could even be prevented from contacting his or her children. As a result, a person who commits an act of domestic violence can quickly lose custodial rights. The alleged abuser can even lose visitation rights in some cases. Navigating custody cases after domestic violence can be difficult. But knowing the right thing to do is often a matter of simply asking what is best for the child.
The court will consider many factors when deciding on custody and parenting time (i.e. visitation) including the conduct of the parents and any restraining orders. Following an act of domestic violence, the alleged abuser is often prevented from visiting the family home. The court may prohibit contact between the abuser and the child. Sometimes the court will grant the abuser visitation rights but could only allow supervised contact.
It can be hard to strike a balance between keeping the parent and the child safe while still allowing both parents to be a part of the child’s life. In deciding on custody after domestic violence, the court must issue an order that will keep the child and the parent free from harm. Committing an act of domestic violence doesn’t necessarily mean you will never see your child again. But it will most likely affect your custodial rights. The court must consider the specific facts and circumstances of the offense and, most importantly, the safety of the child, before making a decision on custody. In sum, these cases can be complex and are best handled by experienced attorneys. If you find yourself involved in a domestic violence case and need help with child custody matters, speak with a New Jersey child custody attorney to explore your options. You may wish to modify custody or advocate for visitation rights, and doing so will require skilled legal guidance.
Fighting for the protection of your child is stressful, but the knowledgeable attorneys at the Williams Law Group, LLC have the experience needed to defend your rights and protect your child’s best interests. Located in Short Hills, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 738-8734, email us at firstname.lastname@example.org, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.