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An Act relative to visitation and family court matters in domestic violence cases


Lead Sponsor: Senator Jason M. Lewis


Impetus
Under existing law, defendants charged with or convicted of domestic abuse, or sexual assault, continue to subject their victims to abuse and manipulation by using the court system as a mechanism for harassment. Domestic abuse victims may be forced repeatedly to confront their abusers in Family and Probate Court and can be ordered to bring children to visit an abusive parent in jail. Abusers may seek joint custody or visitation as a means to continue to harass and to exert control over their former partners or over other victims they have been accused of assaulting.

Need

  • Currently, Chapter 209C Section 3 prohibits ordering visitation rights to a person convicted of a rape whereby the victim became pregnant. This prohibition, however, does not apply to individuals charged with or convicted of the broad range of domestic abuse crimes and doesn't extend to the pretrial period of a criminal case when tensions between parties may be the highest.
  • Chapter 2090, Section 10 creates a rebuttable presumption that it is not in the best interest of the Child to be placed in the custody Of an abusive parent, but the process creates opportunities for a defendant to use the judicial system as a mechanism to harass a victim.

Legislative Fix

  • Seeks to create a cooling off period during which family court matters are stayed and visitation will not be ordered.
  • Establishes a ban on visitation during the pretrial period and* following a conviction, a ban during the first year of a defendant' s sentence or incarceration or for the total duration if that is less than one year.
  • Offers an opportunity for a victim, a parent of a victim, and under certain proscribed circumstances, a child, to request the ban provision be waived.
  • Requires that a defendant who pursues visitation through the probate court following the termination of the ban must complete a psychological evaluation, a domestic violence education program, a parenting program and any other treatment that court deems necessary prior to being allowed visitation.