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Does a Domestic Violence Conviction Make a Person Unfit to Be a Parent in the Eyes of the Law?
Oklahoma law has several statutes meant to protect minor children from domestic violence, both as victims of abuse and as witnesses of such abuse. If a parent is accused of domestic violence and convicted in a court of law, they may see their child custody and visitation rights limited or terminated.
Being deemed an unfit parent has several consequences, both legally and personally. If you are deemed unfit, the other parent will usually be granted custody of your child. In the eyes of the law, unfit parents are believed to create unsafe environments for their children.
It is important to remember that accepting a plea deal on a domestic violence charge is simply a conviction on a lesser charge. Before you accept a plea deal, contact experienced criminal defense attorneys to discuss your domestic violence case.
Who Can Domestic Violence Be Committed Against?
For a charge of domestic abuse in Oklahoma, an individual must commit an act of assault or battery against a specific type of individual. Usually, these individuals are either household members, family members, or people with whom the accused had an intimate relationship.
Victims of domestic violence can include the following:
- A current or former spouse.
- Any blood relatives.
- Anyone with whom you are dating or have previously dated romantically.
- In-laws.
- Roommates and anyone you have lived with.
- The current spouse of your ex-spouse.
- The parent of your children.
- Your foster parents.
Can Allegations of Domestic Abuse Affect Child Custody and Visitation Rights?
In every child custody case, a family law judge must always try to look after the well-being and best interests of the children. In Oklahoma, there is a legal presumption that parents accused of engaging in abuse, stalking, or harassing behavior generally should not be entrusted with child custody.
In child custody disputes, family law courts will consider any past or present allegations of domestic violence. If there is a history of domestic violence, the accused could have their visitation rights restricted and their parental rights potentially terminated.
As criminal defense lawyers and family law attorneys, we know that allegations of domestic abuse are fairly common in contested child custody cases. While the courts take all allegations very seriously, as they should, judges are also aware that some parents will make false accusations in order to gain strategic advantages. If you have been accused of domestic violence in a child custody dispute, contact our law firm to discuss your case in more detail. Any allegations can have serious ramifications for your case, but it is possible to get out ahead of the allegations and fight against convictions.
In many child custody cases involving a history of domestic abuse, it is common for the accused to get court-ordered supervised visitation with their children. This will entail the non-custodial parent spending time with their children in the company of a third party who is responsible for ensuring the child’s safety during visitation.
What is the Domestic Violence Presumption in Oklahoma Family Law Matters?
In Oklahoma, the presence of violence in a home environment raises the question of whether it is in the child’s best interest for them to reside in that home. Under Oklahoma law, there is a presumption established stating that an abuser’s past behavior and future behavior may be harmful to a child in child custody cases.
Violent behavior is believed to suggest an ongoing problem with anger management, substance abuse, and unhealthy parenting.
How Can the Accused Challenge that Presumption?
If it has been presumed that you are a threat to your child because of the Oklahoma domestic violence presumption, you have the right to challenge that presumption. You and your attorney may present evidence establishing what you have done to change your past behavior and show that your minor child is no longer at risk while in your care.
Examples of evidence that you may present include the following:
- Batterer’s treatment course completion.
- Completion of a drug or alcohol rehabilitation program.
- Course completion for an anger management program.
- Evidence of undergoing therapy or mental health counseling.
- Parenting education course completion.
- Participation in Narcotics Anonymous or Alcoholics Anonymous.
- Results from random and scheduled drug and alcohol testing.
Does a Protective Order Limit Your Parental Rights?
Custody battles often follow protective orders.
A protective order can be issued to protect a parent and their children from violence, harassment, threats, or abuse. A protective order requires that the other parent stay away or else face the risk of being arrested and charged with an offense.
While a protective order does not determine child custody, it may restrict your ability to see your children. In that respect, protective orders can indeed interfere with your parental rights. If the other spouse wishes, they may use a protective order to modify child custody, which would then likely result in you losing custody of your children.
What May Result in the Termination of Parental Rights?
In situations of extreme levels of abuse, the abuser may have their parental rights severed and terminated. This would mean that the abusive parent would lose all legal rights as a parent and lose all access to their child. If your parental rights have been terminated, this act cannot be undone.
The following may result in the termination of parental rights:
- Attempted murder of the child.
- Committed felony assault resulting in serious bodily injury to the child or the other parent.
- Murder or attempted murder of the child’s other parent.
- Sexually assaulted any child.
Contact Our Law Firm to Schedule a Free Consultation Today
If you have been accused of domestic violence in Oklahoma, you may potentially see your parental rights in jeopardy. You are strongly encouraged to retain professional legal representation from an experienced attorney. Contact our law firm to schedule a free case evaluation to discuss your legal issues in more detail.
You may reach us at 918-553-5771.
