Family law judges take domestic violence (DV) extremely seriously. After all, their primary concern is protecting the best interests of the children who enter their courtroom. However, that doesn’t necessarily mean being accused, or even convicted, of DV will prevent you from regaining custody of your children. If you’re seeking reinstatement of parental rights or visitation but happen to have a record, here’s what you should know about its potential impact on the proceedings.

How Former Domestic Violence Offenses Can Affect Custody Hearings

Domestic violence doesn't have to involve children to affect custody. In Missouri, DV includes assault, battery, harassment, stalking, and coercion of “family and household members.” These include current and former romantic partners, anyone related by blood or marriage, and people living under the same roof. 

Should you have a history of DV against any of the above, it could affect your ability to obtain physical or legal custody. However, it does not automatically exclude you from serving as the custodial parent. Naturally, the family law judge will consider the situation from all angles before ordering a custody arrangement. The nature of the DV, the period when it occurred, the victim or victims, and the ways you’ve exhibited progress in the years since will influence the judge’s decision. 

How New Cases of Domestic Violence Can Affect Custody Hearings

If you’re accused of DV after a custody order is implemented, it could impact the existing arrangement. Regardless of any temporary emergency measures, nothing can change permanently without a hearing. During this hearing, the family law judge will consider the same factors mentioned above to make a ruling. At the end of the day, the judge will have to decide what’s in the best interests of your children. That might mean continuing with joint custody, or it could entail ordering supervised visitation. If you end up with the latter, it may be possible to get unsupervised visits back by attending anger management or completing an adequate rehabilitation program. 

In rare scenarios, a parent’s rights can be terminated following domestic violence. Typically, judges will only take this route if the child was the victim, and they were subjected to severe abuse. 

If you’re trying to navigate a contentious custody battle that’s been complicated with domestic violence allegations, turn to Kirksey Law Firm in Bolivar, MO. Their seasoned team is comprised of five knowledgeable attorneys, all of whom have extensive experience in the legal field. They take a personal approach to your case and strive to ensure that you will get the outcome you are looking for. In addition to family law, they’re well-versed in medical malpractice, workers’ compensation, and other aspects of personal injury law. To request a consultation and start building your case, reach out online or call (417) 326-4529 today.