Domestic Violence & Child Custody

Domestic violence encompasses a wide variety of abusive behaviors and can happen in any number of ways.

Domestic violence is sexual, physical or emotional abuse to an individual perpetrated by a current or former spouse or partner. It usually occurs between people who have at some point been in an intimate relationship.

The negative effects are endless. Think about how it can severely impair a parent’s ability to nurture their children. When children cannot depend on their parents it can seriously hurt their development and affect their lives forever.

In addition, any type of behavior by a parent that poses a threat to the physical or emotional health and well-being of a child is taken very seriously by the court. Abuse may lead a court to decide that a parent is unfit to have custody. While courts want both parents to have a relationship with their child after divorce, they won’t hesitate to limit, restrict or deny visitation rights for an abusive parent. It can also lead to the child being taken from the home by a state or local agency, such as Child Protective Services.

You have choices. You can prevent further occurrences of domestic abuse by requesting a restraining order or an order of protection. These orders will serve as warnings to the perpetrator to cease all violent acts and will prevent them from coming near you.

If you are a victim of domestic violence, contact the Orange County family law offices of Amy M. Montes because no one should have to suffer from domestic violence and it is our goal to free you of an abusive environment and protect yours and your children’s safety.