Domestic violence is a relatively common issue. Many people who experience domestic violence from a romantic partner or spouse never speak publicly about the matter or involve law enforcement. However, many people do eventually leave situations that put them and their children at risk.
Individuals hoping to free themselves from a pattern of domestic violence may need support from the courts. There are three main ways that the courts can help resolve domestic violence issues.
With criminal prosecution
Some scenarios involving domestic violence are significant enough to warrant prosecution. If there are witnesses, major injuries and other forms of evidence, state prosecutors may bring domestic assault charges against those who engage in acts of domestic violence. A successful criminal case can lead to incarceration and other penalties for the perpetrator.
With a protective order
Sometimes, people need to protect themselves from an increasingly dangerous or volatile situation. They may go to the courts to show proof of evidence or threats that they have experienced. The judge hearing the case can then potentially grant a protective order.
While a protective order does not automatically stop domestic violence, it creates more accountability. It may limit or forbid contact and abusive behavior. If the party engaged in abusive behavior violates the protective order, the person who obtained the order can call the police. State intervention could prevent the situation from escalating and could serve as a deterrent to continued abusive conduct.
With a reasonable custody order
Many people endure abuse for years on their own that they would never tolerate if it targeted their children. For some people, realizing that their children have witnessed domestic violence or been targeted by a partner as what motivates them to take action.
Provided that there is evidence corroborating claims of domestic violence, a concerned parent can potentially pursue a custody arrangement that protects their children. Judges may limit one parent’s access to the children when they have a history of domestic violence because doing so is in the children’s best interest.
In some cases, judges may require supervised visitation. Other times, they may grant one parent sole custody because the other has a history of unstable and dangerous behavior that could endanger the children.
Having the right support when responding to domestic violence issues can make a major difference. Particularly for parents worried about child custody matters, understanding how the courts can help before taking action can be of the utmost importance.