NCJ Number
109003
Date Published
Unknown
Length
20 pages
Annotation
Spouse abuse is known to cause serious emotional distress in the child who witnesses it and should be considered as a basis for denying custody and visitation to the offending parent, but courts tend to consider it only in serious cases.
Abstract
Both psychological and sociological studies show that children experience psychological damage when they see their fathers beat their mothers. They are also at risk for being abused themselves. The environment of terror in the home is more damaging than the specific battering incidents, however. Thus, the issue of parental contacts regarding visitation must be considered in terms of the effects on the child. Predicting future violent behavior is difficult, although repeated violations of court orders of protection may indicate that a wife beater is more violent than most. In cases of extreme spousal violence in the presence of a child, it may be appropriate to prohibit the violent parent from visitation with the child. Even with a strong case, it will be difficult to have visitation denied or to have it supervised, however. So far, courts have not considered the issue of danger to the abused custodial parent or impairment of her ability to function to be valid reasons to cease or limit visitation. Nevertheless, addressing the issues of effects on children and the noncustodial parent may make it possible to have visitation denied or supervised. Examples of judicial decisions, discussion of State laws, 19 references, and lists of laws and cases.