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Domestic Violence and Child Custody in Indiana

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Domestic Violence and Child Custody in Indiana

October 10, 2021

Domestic violence plays a major role in determining some custody cases. Instances of domestic violence in the home become evidence that one parent is not fit to have parental rights. While sometimes this means denying visitation entirely, it usually only means that the parent no longer has decision-making power over the child. In some cases, those who have committed domestic violence offenses in the past can petition the court to allow them supervised visitation. An experienced family law attorney in Indiana can tell you more about how domestic violence allegations will impact your child custody case.

Domestic Violence and Child Custody Cases

Parents are required to notify the court if they are the victim of domestic violence. In cases where the court finds cause to agree with the petitioner, expedited child custody proceedings can begin. That means that the individual who has allegations of domestic violence hanging over their head may receive no visitation privileges at all until they show the court that they have been receiving treatment for their problems. In those cases, with sufficient effort, a parent who committed domestic violence may be able to receive supervised visitation with their children.

In cases where a judge grants an abusive spouse visitation, the spouse who was the subject of the abuse can pick the time and place to ensure that they and their children are protected. In some cases, the abusive parent will be required to post bond to ensure that the child is returned safely.

Termination of Parental Rights

In cases where the court finds that the child is in constant danger from the parent, the court can terminate the parent’s parental rights. The child must have been previously removed from the abusive parent and the abuse must be likely to continue. In some cases, the court will order the abusive parent to complete an intervention program aimed at domestic violence perpetrators. 

Orders of Protection/Restraining Orders

Orders of protection are more effective than people give them credit for. There are situations in which police have responded too late to an incident, but even though those make headlines, they are not indicative of how orders of protection generally play out. For an order of protection to fail, the perpetrator must be at a point where the consequences no longer matter to them. 

An order of protection can force an abusive partner out of your home, evict them from an apartment, and require that the abuser stay away from you. If an abuser violates these rules, they can be held and charged with violating the order of protection. 

Talk to an Indiana Divorce and Child Custody Attorney Today 

If you are currently contemplating divorce from an abusive spouse, your attorney can help protect you from the abuser and ensure that you are making the most out of the legal protections available to you. We will also fight to ensure that your children end up with you. Call the Bellinger Law Firm today to schedule an appointment and learn more about our services.

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