What Constitutes Domestic Violence in Child Custody Cases?

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What constitutes domestic violence when it comes to child custody cases?

I had a client who came to me with a question. He wanted to know what constitutes domestic violence? The answer to this question will probably depend on your jurisdiction, your state or your country.

In his particular case this was a case of abuse by a female to a male. On one occasion his girlfriend punched him in the stomach. It happened just that one time over the course of their several year relationship and it happened just recently.

This is definitely an act of domestic violence. It is assault under most criminal statutes. Although I’m not sure where that a judge, at least in Arizona, would consider that significant domestic violence for purposes of making a decision on a child custody case.

But I will give you the advice that I gave him or rather provide you with the information I gave him.

Regardless of whether you are a man or a woman and you are thinking that you are experiencing domestic violence document everything. You may never need that documentation but if you ever do, at least it will be fresh in your memory.

Certainly if you think it’s necessary, if there’s blood or bruises, I would call the authorities, I would call the police. Keep in mind there may be other ramifications for the other party, because just custody ramifications. In some cases I’ve had opposing parties who were medical professionals, for example nurses and doctors. And having that strike against them and a conviction for domestic violence down the road affects their ability to practice their profession.

So there are 2 ways in my view that domestic violence can be significant. One is by the nature of the act itself…if it is severe enough then that could be significant. Or if the domestic violence has been happening in the relationship for a long period of time then that could be considered a significant history of domestic violence.

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Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

Download my FREE ‘Child’s Best Interest Checklist’ at http://www.commandthecourtroom.com

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