Most people think of physical violence when they hear domestic violence or spousal abuse. Realize there are many other types of abuse, and a divorce case can take them all into consideration. There are eight types of domestic violence/abuse: physical, intimidation, child abuse, verbal and emotional, social isolation, religious, male/female privilege (diminishing the victim’s authority and preventing him/her from contributing to the relationship) and sexual abuse.
In limited cases, it may be possible to rebut the presumption that a perpetrator not have shared custody. However, it may be difficult to convince the judge. If he or she chooses to rebut, the court will consider the following:
- What’s in the best interest of the child(ren): to see the parent accused of domestic violence?
- What kind of behavior treatment program did the perpetrator complete? i.e., batterer’s counseling, alcohol and drug abuse, parenting, etc.
- Were there restraining orders? Did the perpetrator comply with them?
- Are there several other incidents of domestic violence, or was it an isolated incident?
Note: In California, if both parents are perpetrators of domestic violence, the statute does not apply.
It’s also important to remember that women can be perpetrators and men can be victims as well. No matter who is victim to spousal abuse of any kind, you do not have to stay in a relationship where this takes place. Get help right away if you’re experiencing abuse.
