4 Ways to Prove Domestic Violence in a Child Custody Case

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If domestic violence is an issue, these are 4 ways to prepare for custody hearing without an attorney or lawyer*

Please read the Disclaimer below:

*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.

Domestic violence is something a judge takes very seriously in child custody cases, thus it is crucial that you are ready to answer these 4 questions for the judge before your court date.

Winning child custody when domestic violence is taking place is crucial to both the parent who is receiving the violence and in of course, the best interest of the child.

Here are 4 things that you should ask yourself and if you find your answers prove domestic violence the court needs to know when you attend your hearing.

1. Did the child ever witness the domestic violence?

2. Can you provide documentation of the abuse?

It is very important to provide any documents you can to the judge.
Examples of documents could include police reports, restraining orders, and court papers if there was a conviction for domestic violence

3. How has the domestic violence affected the child?

4. Is the safety of child in danger?

Family Law cases are often difficult because of the law, the facts and the emotions of the case. When children are concerned, the level of difficulty rises considerably. Neither the Clerks nor the Judges can answer legal questions on how to proceed. They cannot tell you what to do with your case. If you choose to represent yourself, be aware that you are solely responsible for your own advice and decisions. You are your own attorney and must act accordingly.

Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

[shardashakti]

Why is there even a question about whether a child is affected by domestic violence? The effects may not be visible until later. This is an example of the undeserved mercy given to domestic abusers in child custody cases.

[cdatcf]

Not happening, it is getting turned against the person who speaks out !

[saw]

Is verbal, mental, emotional abuse considered domestic violence in Florida?

[misscookie]

What if you don't have a restraining or protection order ??

[heatherann]

Is withholding your child with no contact emotional abuse?

[ArmyVeteran]

My child has witnessed his mother assaulted me on two occasions, Sheriff was called twice; they did nothing, DCF was called in against her twice; they did nothing, our child's behavior was compromised by witnessing the assaults and constant arguing, I filed for restraining order; it was denied after the assaults, harrassment, stalking, threats of violence and a death threat from an individual she gave my personal cell phone number to and not to mention she made an attempted to strike me with a motor vehicle as I was leaving my doctors office. Most of these incidents have been in the presence of our child. Now, with nothing being done to stop this which has forced me to buy a firearm for the first time, what should my next plan of action be that's liable to fail due to a bias and/or lazy court and law enforcement system? I'm afraid that, one day, the end result will be either she kills me, or I kill her.

[auntigingy]

If the parent has court ordered placememt and that parent is abusive to her fiance and the other party hears about it and cps doesn't lodge an investigation can u legally keep the child away from the abusive home until the next placememt hearing

[Mulata]

Hello, we're currently going through a custody case with my step daughter. The child is being forced by her mom and her husband (DV history and child neglect) to tell her lawyer she wants to live with her. she confesed to us she saw them fighting and described how it happened but now she is denying it because she's too scared of her mom. if she doesn't talk about it, what can we do?

[judehunter]

A representation of [abuse] is labeled a [parental alienation] case. The nation's divorce courts label abuse cases [parental alienation] cases. Parental alienation has nothing whatsoever to do with alienating behavior and everything to do with abuse. The one thing good fit non-custodial parents have in common is they entered divorce court with an abuse case. The [Battered Mothers Custody Conference] exists because if a mother is battered by her spouse or [mother is a victim of domestic violence] the batterer will be awarded custody of the children. The good fit mothers are court ordered [no contact or supervised visits] based on parental alienation. The U.S DOJ investigated and found the nation's minors attorneys and custody evaluators recommend and the nation's judges award custody to abusive fathers based on [parental alienation]. In the nation's divorce courts 92% of fathers that incest their children are awarded custody. I a father incests his children-it is a slam dunk he will get custody.

[domo]

Hudson county gave custody of my daughter to my abusive ex I filed for a restraining order and my judge got changed he field a motion for custody behind my back and I have Been going through HELL for months I can't get pro bono or legal aid I need help I don't know how they can allow this to happen my child's in danger her father is not a citizen

[robynedward]

In my case we are victims of conjugal abuse. It was more emotionally abusive and threats he put axes on the bed when I changed the locks I gave one key I should've given none he's some how free and some how has custody the cops here are the worst. Lied about the axes saying I placed them when I did not he was harassing me and stalking me and non stop calling me I managed to record him on audio, but he stole the phone I recorded it on out of my apartment I have no proof he's stolen those items just that their missing. There's a restraining order yet some how he has custody and lied in court about my whereabouts I have proof of this. It's been a tough road I feel like I Can't protect my kids the system is the worst here they are still further abused by him and afraid

[shrieveskiki]

How can. Get my RIGHT"S back and all best friends now won't be go on life two don't not have should wake way family ?

[horserider]

You guy would not even care about kids if you was not getting federal money

[shrieveskiki]

Police KY send go back mom homes she grand pin done grand not nice choking me on grand send got off me 400 time she did not o.k.