Impact of Domestic Violence on Parenting Plans and Divorces in Washington State
By Wendy Winfield, Family Support Staff Attorney
Domestic violence is a pervasive issue that significantly impacts family dynamics, particularly during divorces and the establishment of parenting plans. In Washington State, like in many jurisdictions, the presence of domestic violence can complicate legal proceedings and profoundly influence decisions regarding child custody, visitation rights, and overall family safety.
Legal Framework
Washington State law recognizes the detrimental effects of domestic violence on families and has specific provisions to address these issues within the context of divorce and parenting plans. The Revised Code of Washington (RCW) emphasizes the importance of ensuring the safety and well-being of children and parents who are victims of domestic violence. Under RCW 26.09.191(2)(a)(iii) 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. RCW 7.105.010(9) defines domestic violence as: Physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner or one family or household member by another family or household member.
Impact on Parenting Plans
When domestic violence is a factor, the court's primary concern is the safety of the children and the victimized parent. In cases where domestic violence has occurred or is suspected, the court may order protections such as:
Restraining Orders and Protection Orders: Issuing restraining and/or protection orders to prevent the abuser from contacting or coming near the victim and the children. Generally, Protection Orders are more protective than Restraining Orders.
Supervised Visitation: Mandating that visitation with the children be supervised by a professional or a non-professional supervisor to ensure the safety of the children during their visits with the other parent.
Limiting Parenting Time: Restricting or limiting the abuser's parenting time if it's deemed unsafe for the children or the other parent.
Parenting Plan Modifications: Modifying existing parenting plans to accommodate safety concerns, possibly including changes to visitation schedules or locations.
Court Considerations
During divorce proceedings or when establishing parenting plans, the court considers evidence of domestic violence seriously. This includes police reports, medical records, witness statements, and testimony from experts, such as therapists or Guardian Ad Litems/Court Visitors, who can be used to investigate issues important to deciding the Parenting Plan. Courts generally assess the nature, frequency, and severity of the abuse, as well as any history of protective orders or criminal convictions related to domestic violence.
Protecting Victims
Washington State law aims to protect victims of domestic violence by offering legal remedies that prioritize safety. This includes provisions for emergency protection orders and legal assistance to help victims navigate the complexities of divorce and parenting plan proceedings.
Challenges and Considerations
Despite legal protections, navigating the legal system as a victim of domestic violence can be challenging. Victims may face difficulties in presenting evidence, fear retaliation from the abuser, or struggle with financial constraints that limit their access to legal representation.
Conclusion
In Washington State, as in many places, the impact of domestic violence on parenting plans and divorces is profound. The legal system strives to protect victims and their children while ensuring fair and just outcomes in divorce and parenting plan cases. By prioritizing safety and considering the unique circumstances of each case, courts play a crucial role in mitigating the effects of domestic violence on families. Ultimately, the goal is to create parenting arrangements that promote the well-being of children and provide a safe environment for all family members involved.
