Domestic violence is a serious issue that many families face. While this can be a difficult family situation, it is made even more complex during the separation and divorce process. There are many issues that you need to deal with, both criminal and civil in nature in Washington State. Domestic violence may impact important decisions, particularly those about child custody and visitation. Parents and children need to ensure their legal protection throughout proceedings and beyond. A knowledgeable family law attorney can be instrumental in navigating domestic violence matters.
Emphasis on Safety and Well-being of Families
Washington State has laws in place that are designed to ensure the safety and well-being of children and parents. The Revised Code of Washington (RCW) is a compilation of the current laws in the state, including those that govern victims of domestic abuse. The laws protect domestic abuse victims and provide for their ongoing safety through parenting plans and divorce orders pertaining to visitation and custody. It is helpful to understand the definition of domestic abuse in Washington.
Definition of Domestic Violence
RCW 7.105.010(9) provides a legal definition of domestic violence. Under Washington law, domestic violence is “physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault: nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking.” Stalking includes one intimate partner to another or one family or household member by another family or household member. A family law attorney will assist with domestic violence in family-related matters.
Parenting Plan
A parenting plan is a legal document that outlines the role of each parent as it relates to a child. The plan specifies parenting time for each parent. The main goal of the court is to oversee the safety and welfare of the children. When domestic violence or other negative factors have occurred in the past, the parenting plan will provide protection. These protections typically come in the form of limited residential time or supervised visitation. In some cases, a parenting plan that is already in place may be modified to accommodate safety concerns in situations where domestic violence is a factor.
Limited Residential Time
RCW 26.09.191 states that “a parent’s residential time with the child shall be limited if it is found that the parent has engaged in a history of acts of domestic violence,” as defined in RCW 7.105.010. This means that if a parent is a domestic abuser, it will affect child custody and visitation orders. If a parent is deemed to be unsafe for their children, the law protects the children. The judge will evaluate a parent’s past to ensure that the children are protected with limited parenting time or with supervised visitation.
Supervised Visitation
Another option available to the court to protect children from domestic abuse is to require supervised visitation. In cases where visitation is allowed but the court has concerns over the safety of the child, the court may allow visitation only when it is supervised by a person who is approved by the court. The person appointed by the court must be present during the entirety of each and every visit with the specific parent. This ensures that the child is kept safe from harm during a visit with a parent who may be a domestic abuser.
Orders of Protection and Restraining Orders
A protective order or restraining order is a legal order that requires someone to stay away from another. Such an order would protect a person and their children by preventing contact with a domestic abuser. An emergency request may result in a temporary or ex parte order for a limited period of time. A court hearing date will be set to review the details of the case more closely. At the hearing, the judge will make a determination as to whether to grant the order of protection on a permanent basis. An experienced family law attorney will help you obtain an order of protection or restraining order in cases of domestic violence or abuse.
Domestic Violence Considerations
The court takes any matters of domestic violence extremely seriously. This is especially true when the court evaluates divorce matters. It is necessary to present the court with evidence of domestic abuse for consideration. Some of the types of evidence of domestic abuse or violence that are needed include police reports, medical reports of injuries, statements of witnesses, and expert testimony. Experts such as family therapists, doctors, court-appointed guardians, and others are useful to provide details regarding the specific incidences of abuse or violence and how they impact a parent or child.
Seeking Legal Protection
The laws in Washington State are meant to provide protection to victims of domestic violence. However, these laws can be complex, and it can be challenging for a person to make sure that they are taking full advantage of the protections afforded to them by law. A qualified family law attorney will help you with your case to protect you and your children from harm and make sure that you are kept safe in the future. Your attorney will assist you every step of the way, from obtaining a protective order and seeking safety to seeking the protections afforded through restricted residence or limited visitation and beyond.
Guidance from a Skilled Family Law Attorney
Domestic violence has long-term negative impacts on families. A compassionate family law attorney understands the challenges that domestic violence presents in family cases. Your lawyer will work with you to help you address the many issues that you encounter. This can be an extremely stressful time for you and your family. Your lawyer will handle the many legal matters to help you remain safe now and protect you from future harm. You will feel more secure in knowing that you are taking advantage of all the protections the law affords you and your children during this difficult period.
Most victims of domestic violence never dreamed they would be in such a dangerous situation. Being hurt by someone you love is not easy to come to terms with. However, you must protect yourself and your children. If you are the victim of domestic abuse, do not delay. We are here to help. Contact us at View Ridge Family Law & Estate Planning at (206) 237-5604 to schedule a consultation today.
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