Unfortunately, many couples deal with the issue of domestic violence. Many believe that domestic violence only occurs when one partner physically harms the other. However, mental and emotional abuse is also classified as domestic violence. More often than not, domestic violence leads to divorce. When a couple seeking a divorce has children, they must reach a mutual agreement on custody. With that being said, many wonder whether domestic violence can impact a custody determination. This is because, as well as affecting individuals in a relationship, domestic violence negatively affects children. Please continue to follow along to learn whether domestic violence can impact a custody determination and how our trusted Morris County NJ Child Custody Attorneys can help you today.
What Constitutes Domestic Violence in New Jersey?
Under NJ Rev Stat § 2C:25-19, referred to as the Prevention of Domestic Violence Act of 1991, there are a number of actions that constitute domestic violence. This includes, but is not limited to, the following:
- Assault
- Sexual assault
- Criminal sexual contact
- Lewdness
- Homicide
- Criminal restraint
- Kidnapping
- False imprisonment
- Harassment
- Stalking
While domestic violence typically refers to violence between two people in a romantic relationship, it can also occur at the hands of a household member, like a parent or roommate.
How Does Domestic Violence Impact A Custody Determination In New Jersey?
In New Jersey, a judge can award joint (shared) or sole custody of a child. Often, a judge will try to award joint custody because it is believed that it is in the best interest of a child to have a relationship with both parents. However, in some cases, this kind of custody is not in a child’s best interest.
How Does the “Child’s Best Interest Standard” Impact This Decision?
A judge is required to consider a long list of factors to determine what type of custody award is in the child’s best interest. This essentially prioritizes the health, well-being, and safety of the child above all other factors, including the wants and wishes of the parents. Some of the factors include, but are not limited to:
- The child’s relationship with both parents
- The needs of the child
- The stability of each parent’s home environment
- The fitness of each parent
- The age and number of children
- Each parent’s income and employment responsibilities
- Any history of domestic violence or child abuse
- Evidence of abuse or neglect
- The safety of either parent from physical abuse
How Do NJ Family Courts Evaluate Domestic Violence During a Custody Case?
When accusations of domestic violence are present during a custody matter in New Jersey, there are a number of factors that must be taken into consideration by the court to determine the impact these acts will have on the outcome of the case. This is because, as mentioned, the courts may want to ensure the child can remain in contact with both parents.
The Role of TROs and FROs in Custody Matters
A temporary restraining order (TRO) can impact custody, as it allows a judge the opportunity to temporarily:
- Grant (temporary) sole custody to the non-abusive parent
- Restrict the accused parents’ parenting time
- Impose supervised visitation
- Suspend contact between the child and the accused parent
A final restraining order (FRO), on the other hand, is generally more significant in these matters, as these are only granted after a formal hearing. As such, if this is ordered, it strongly indicates that domestic violence has occurred. This allows the judge to:
- Restrict the abusive parent’s time with the child to supervised visitation
- Require participation in programs like anger management or substance abuse counseling
- Limit communication to a monitored platform
- Prohibit overnight visits
Because a final restraining order will remain in effect permanently in New Jersey, it can lead to the imposition of long-term limitations on custody or visitation for the parent against whom the order is issued.
Factors Courts Consider When Domestic Violence Is Proven
If the court determines that domestic violence has occurred, whether through a criminal conviction, FRO, or even strong evidence, it will need to determine the impact this will have on the custody arrangement. As such, the court will consider:
- Whether or not the violence was directed at the child
- Whether or not the abusive parent poses an ongoing risk to the child
- If there is a pattern of abuse
- If injuries occurred
- Whether or not the abusive parent is willing to seek rehabilitation
- Whether or not police reports have been filed
How Does Domestic Violence Impact Parenting Time and Custody?
Even in instances in which domestic violence is not directed at a child, exposure to violence, especially an intrafamily dynamic, can have serious impacts on custody and parenting time. These impacts may include:
Supervised Visitation
Supervised visitation occurs when the child and non-custodial parent meet in a secure location or in the presence of a third party to observe the interactions.
Safe Exchange Locations
The courts may require drop-offs and pick-ups to occur at a secure location, like a visitation center or police station.
Denial of Overnight Visitation
If there are concerns regarding the safety of the child, the non-custodial parent may be unable to have overnight visitation with the child.
Suspended Parenting Time
When the threat of harm is severe or credible, the court may temporarily suspend visitation until further evaluation can occur.
How Do False Accusations Affect Custody Decisions?
It’s important to understand that, while accusations of domestic violence can drastically impact the outcome of a custody decision, false allegations will also result in serious consequences. Unfortunately, despite the heinous nature of this offense, some will raise false accusations against their partner in the hopes of receiving a more favorable outcome in the custody battle. However, New Jersey courts do not look favorably upon these false allegations. In fact, this may be used as evidence that a parent is not acting in the best interest of the child, and can result in the reduction or loss of custody.
Contact an Experienced Family Law Attorney
If you have valid reasoning to believe your child’s physical, emotional, or mental well-being would be in imminent danger if your partner, who has committed domestic violence, were awarded custody or parenting time, working with the team at Townsend, Tomaio & Newmark L.L.C is critical. We are committed to helping our clients reach a custody agreement that values the best interests and safety of their children. When you need help, contact our team today to learn more.
