Parenting Time Amid Allegations of Domestic Violence

 Posted on December 09, 2015 in Visitation

One of the most difficult things to deal with is an allegation of domestic violence in the middle of a family law case. Because judges rightfully take domestic violence claims seriously, even unfounded allegations can drastically affect the way a family law case moves forward. Sometimes, even parenting time is cut off. If you are the subject of domestic violence allegations, you need to understand your rights.

Types of Allegations

There are several different types of domestic violence allegations. If one party accuses the other of abuse in a court filing or during testimony, the court will have to consider what proof is available to support these claims. While these allegations will be taken seriously, they are often given less credence than other types of allegations. 

When criminal charges have been filed, or an Order of Protection has been issued, judges will usually not allow the accused parent to have any parenting time until either the allegations have been fully dealt with in other court cases or arrangements are made to protect the children.

The Court’s Options

Courts have wide discretion on setting parenting time during a family law case, particularly when there are allegations of abuse or violence. Judges may allow no parenting time at all. Judges can also order supervised parenting time at a neutral location.

Judges are able to appoint custody evaluators and even lawyers, called guardian ad litems, to represent the children and make sure their interests are protected.

Overcoming Allegations

Once a domestic violence allegation has been made, the accused party needs to refute the claim with as much evidence as possible. If an Order of Protection has been filed, it is usually in the accused party’s best interest to contest the order and try and have it revoked or at least get the court to not issue a plenary order.

The case is much more complicated when criminal charges have been filed. The parent’s best hope in these cases to have parenting time is to focus on winning the criminal case.

The more cooperative a party is, and the more willing he or she is to submit to interviews with evaluators and have supervised parenting time, the more likely he or she will eventually be able to have normal parenting time with their children.

If you are dealing accusations of domestic violence, or have questions about custody or parenting time, please contact a knowledgeable DuPage County family law attorney. If an Order of Protection has been issued, your time to act may be limited. Call today to schedule a consultation. 

Source: 

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2100&ChapterID=59&SeqStart=500000&SeqEnd=4200000