When Domestic Violence Affects Children, Courts Notice
No matter how emotional and complex a child custody case may get, Oklahoma family courts don’t take kindly to domestic violence. In these situations, the safety and well-being of the child are of paramount importance. In Oklahoma, the court will consider the impact of domestic violence on the child when making a custody decision. In this article, we will discuss the impact of domestic violence on child custody decisions in Oklahoma, including the legal definition of domestic violence, how it is considered in custody cases, and the potential challenges that may arise.
Legal Definition of Domestic Violence
Domestic violence in Oklahoma is defined as “any assault and battery against a current or former intimate partner or a family or household member…” This includes physical, emotional, sexual, and economic abuse.
Oklahoma courts take domestic violence seriously. It’s treated as a felony, with the first conviction bringing imprisonment of up to one (1) year, a fine of up to $5,000, or both. Subsequent convictions lead to an upgraded punishment of up to four (4) years in prison, additional fines of up to $5,000, or some combination thereof.
Consideration of Domestic Violence in Custody Cases
In Oklahoma, the court will consider the safety and well-being of the child, and may take into account any evidence of domestic violence, including:
- Police reports: The court will consider any police reports of domestic violence that have been filed.
- Restraining orders: Any restraining orders that have been issued can be considered by the court.
- Witness testimony: Witness testimony can be submitted as evidence in an Oklahoma family court. This can include testimony from the child, if they are old enough to testify.
- Expert testimony: Finally, the court may consider expert testimony about the impact of domestic violence on the child, including testimony from a child psychologist or other expert.
Potential Challenges
While the court will consider the impact of domestic violence on the child when making a custody decision, there can be challenges that may arise during the process.
Some common challenges include:
- Lack of evidence: The court may not have enough evidence to prove that domestic violence has occurred. This can make it difficult for the court to make a decision that is in the best interests of the child.
- Resistance from the abuser: The abuser may resist cooperating with the court and may deny that any domestic violence has occurred.
- Resistance from the victim: The victim may be afraid to speak out about the domestic violence, and may be reluctant to testify in court.
- Limited resources: The court may have limited resources to investigate domestic violence cases, which can make it difficult to gather all the necessary information.
What You Need to Remember
In Oklahoma, the court will consider the impact of domestic violence on the child when making a custody decision. The court will consider the safety and well-being of the child, and may take into account any evidence of domestic violence. However, the process can be challenging, particularly when there is lack of evidence, resistance from the abuser or the victim, and limited resources.
It is important for victims of domestic violence to seek help and support, and to work with the court to ensure that the child’s best interests are represented in the custody case. Child custody decisions are important for the child’s well-being and safety, it is important to make sure that the child is protected from any harm and the child’s best interest is upheld in the court.
Free Consultation: Child Custody Lawyers in Tulsa, Okla.
If you or a loved one has been charged with domestic violence in the Tulsa, Oklahoma area you need to speak with an experienced Tulsa child custody attorney as soon as possible. The Divorce Law Office of Tulsa offers free consultations with child custody attorneys in Tulsa and the surrounding area who can help you construct your defense. For a free, confidential consultation, call 918-924-5526 now. Or, if you prefer email, fill out the contact form at the top of the site.
