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If there is a domestic violence protection order entered, that creates a restriction under the parenting plan. The court takes restrictions very seriously, especially if there are children involved. The court will put parameters in place, such as supervised or limited visitations with no overnights. They will also ask the abuser to undergo treatments and evaluations.
Suppose there are mere allegations of domestic violence without any evidence to corroborate. In these cases, the court will frequently appoint a guardian ad litem or third-party investigator who represents your children’s interests. They will investigate those allegations before determining what kind of residential schedule the parent alleged to have perpetrated domestic violence will have with their children.
The guardian ad litem or investigator makes this determination, as case studies have shown that children who observe or witness domestic violence can be considered domestic violence victims themselves.
When a domestic violence protection order is entered, or there’s a finding of domestic violence, one of the best ways to do exchanges is in a public place where there are many people who can observe or witness. That reduces the risk of any coercion or attempts to perpetrate domestic violence.
Often, it’s recommended that exchanges should be done at a police precinct. Not only are police precincts public, but there is help if you need it right away. There are also cameras at every precinct that serve as a deterrent to anyone who wants to engage in domestic violence.
In addition to cameras that ensure the safety of the parents and children during the exchange, there are many third-party applications that the court recommends for parents to communicate with each other. Two examples, OurFamilyWizard or TalkingParents, are third-party applications that require minimal payment from both parents each month.
These apps differ from regular texting apps because the messages cannot be manipulated, and they are stored with a date and time stamp. They also have tone meters and calendars. All communication and planning can be done by way of these apps without one parent needing to speak with the other more than necessary about handling the children’s activities and exchanges.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you with learning how to safely co-parent when there’s a finding of domestic violence so you can protect yourself and your children.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
If there is a finding of domestic violence, that automatically involves the Domestic Violence Section in Washington’s “191 Restrictions.” That section requires an abuser to:
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These are tools the courts can use to limit or restrict a parent’s visitation when domestic violence has been found. Supervised visitation is another most common restriction. The person who has the restriction must sometimes pay for a professional supervisor, usually from a mental health facility, to be present during the visitation. Another option, known as lay supervision, also exists if the court deems the person should be restricted but is not a danger to their children. During lay supervision, an available family member or friend supervises the visitation.
Not really, no. It takes a lot to strip a parent of their parental rights. Even if you were found to have engaged in domestic violence, that doesn’t necessarily strip away your rights. The court will put restrictions on you to ensure the safety of your child, but this doesn’t preclude you from being able to exercise residential time.
In essence, there aren’t legal alternatives to co-parenting because it’s difficult to take away a parent’s rights. As a result, it’s inevitable that you will have to co-parent, regardless of whether there is a finding of domestic violence.
With a parenting plan, even if there’s a domestic violence restriction found, the parent with a restriction on them still has rights. If a parenting plan gives them residential time, the other parent has to honor it. If you don’t honor it, you’ll be in court for contempt.
While we understand that your intention is to protect your child, there are also parameters in parenting plans, such as supervised visitation, that protect your child. You must comply with the terms of the parenting plan.
The last outcome you want is for custody to be given to the other parent because you failed to comply with the court’s orders. Remember, you have rights, but the court can also strip you of those rights if you don’t follow the parenting plan. This is true even if the other party has committed domestic violence. Speaking with an experienced family law attorney can help you better understand the law, protect your child’s interests, and work toward a fair and safe outcome for all involved.
For more information on co-parenting after domestic violence in WA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.
Attorney Diem Chi Nguyen is a seasoned lawyer based in Renton, WA, who has helped countless clients just like you navigate the intricacies of family law. Her years of experience prepare her to assist you with learning how to safely co-parent when there’s a finding of domestic violence so you can protect yourself and your children.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
