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Ohio Visitation in the Context of Domestic Violence

May 11, 2010

A Columbus Ohio Visitation Attorney article about Domestic Violence,  Visitation, and Child Custody.

In Ohio, domestic violence is legally relevant, and something the court must take into account when making orders regarding children.

Ohio Revised Code 3109.04 (http://codes.ohio.gov/orc/3109.04) specifically mentions domestic violence when discussing factors the court must consider when determining what is in the best interest of the child.  To read more about the best interest of the child, follow this link:

https://cornwell-law.com/answers/childrens-best-interest/

It is important to note that the law does not require a court to consider allegations of domestic violence; it requires the court to consider convictions of domestic violence.  There is a reason for this.  False reports of domestic violence are fairly common when parties are fighting over custody.  Sometimes, one parent will attempt to create the illusion of domestic violence in order to gain the advantage in a custody battle.  Unfortunately, domestic violence is everywhere, in every income level, and in every culture, and often claims of domestic violence are very real.

If you have a court order for visitation between a parent and a child, NOTHING but another court order will relieve you from your obligation to provide the child for visitation.  ALLEGATIONS of domestic violence do not change your court orders.  The advice of a police officer does not change your court orders.  Filing a police report and/or pressing charges does not change your court orders.  Only another court order will change your obligation to provide the child for visitation.

In addition, domestic violence perpetrated against you, even if it results in a conviction, will not necessarily stop visitation.  In the eyes of the court, sometimes parents who cannot get along with each other, and who have anger management problems can still parent their child without violence.  However, the more incidents of domestic violence that have occurred between parents, the more concerned the court becomes that it is likely to occur between the abusive parent and the child.  For the victim of domestic violence, it is a frightening but all too common nightmare to have to let their child visit with their abuser.

Unfortunately, due to the many, many false reports of domestic violence that a court making a custody decision receives every year, they are skeptical, and sometimes jaded, regarding the reality of domestic violence.  If you are the victim of domestic violence, and you are withholding your child from visitation without a court order which allows you to do this, you are putting yourself at risk of contempt of court, and possibly a jail sentence.

So what can you do?  If you have been a victim of domestic violence at the hands of a current or former spouse or partner, you may qualify for a Domestic Violence Protection Order (also called a civil protection order).  If your child has suffered from the violence, he or she may be protected as well.  You do not need an attorney to ask for a Domestic Violence Protection Order.  The forms are the same statewide in Ohio, and you can download them at http://www.supremecourt.ohio.gov/JCS/domesticViolence/protection_forms/DVForms/default.asp

You do not need the cooperation of the police to get a Domestic Violence Protection Order, but you do need be able to convince a court, by a preponderance of the evidence, that YOU were afraid of imminent physical harm, or that your child is in danger of imminent physical harm.

You can also file a police report and request to press criminal charges against the person who committed the domestic violence.  Criminal prosecutors may be more likely to believe you because they may not experience as many false reports as a domestic relations court, and for good reason.  If someone makes a false report to the police or a prosecutor they can, and sometimes are, charged with the crime.  Making a false statement to a court, under oath, is an act of perjury in Ohio.

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

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  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
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  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
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  • LGBT Family Law (6)
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  • Military Family Law (3)
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  • Ohio County Visitation Schedules (86)
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  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
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  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
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