What can I do about custody if I am the victim of abuse?

On Behalf of | Dec 8, 2021 | Child Custody |

It takes a lot of courage for an Ohio resident who is the victim of abuse to leave the unhealthy relationship.

One of the biggest fears that people have it that, after taking the steps to protect themselves, a family law court may order an abusive parent to have ongoing access both to the victim and to the children. They may even fear that the perpetrator of abuse will get custody.

Fortunately, Ohio law does offer some protection to people who are involved in a custody or parenting time case and who have been the victim of abuse.

A judge may consider a parent’s criminal domestic violence history

When making any allocation of parental rights and responsibilities, the law requires a court to consider whether a parent has been convicted of certain crimes. Among other offenses, certain crimes of domestic violence can play a role in a custody decision.

For example, if one parent caused some injury to the other parent, then a family court can consider any resulting criminal offense in allocating parental responsibilities.

Furthermore, when deciding whether or not to order parents to share their time and responsibilities, a court may consider any history, including criminal history, involving domestic violence.  The court may even accept evidence that a parent has the potential to be a victim of domestic violence.

Someone who has been a victim of domestic violence may need family law help

A person in the Columbus area who has been the victim of domestic violence may be able to convince a judge to put measures in place to protect her or him and the children.

However, the victim will need to take the necessary steps to prepare a thorough and persuasive case and will also need to understand the possible legal outcomes.