How Domestic Violence Affects Family Law Cases in the District of Columbia

Domestic violence is a serious issue that can have significant legal implications – especially in family law cases. In the District of Columbia, allegations or findings of domestic violence can directly affect decisions related to child custody and civil protection orders.

Whether you are a survivor of domestic violence seeking protection, or someone facing accusations, it is important to understand how domestic violence can impact your family law case. This blog will explore how domestic violence is defined according to the law, what legal implications domestic violence can have in custody decisions, and what immediate protections are available for those affected. 

How Does the Law Define Domestic Violence?

According to District of Columbia Code §4–551, “Domestic Violence” is broadly defined as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner, dating partner, or family member.” This term includes “physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.” See DC Code §4–551.

When custody issues arise, the court looks to determine whether an “intrafamily offense” has occurred. District of Columbia Code §16–1001(8)(A) defines an “intrafamily offense” as “an offense punishable as a criminal offense against an intimate partner, a family member, or a household member.”

Although the terms “domestic violence” and “intrafamily offense” are closely related and often overlap, it is important to acknowledge that the law provides distinct legal definitions for each term.  

Legal Implications Related to Custody

In the District of Columbia, there is a rebuttal presumption that joint legal and physical custody is in the best interests of the child[ren]. However, when a judicial officer finds by the preponderance of the evidence that an intrafamily offense has occurred, there is a rebuttable presumption that joint legal and physical custody is not in the best interests of the child. See DC Code 16–914(a)(2).

In other words, once an intrafamily offense is established, the parent responsible for such must overcome the presumption against joint custody by presenting evidence that it would serve the child’s best interests. This presumption is a way for the court to prioritize the safety of the child over maintaining equal parental involvement when abuse has been proven by a preponderance of the evidence.

Immediate Interventions Available

When an act of domestic violence has occurred, immediate legal action may be necessary. In the District of Columbia, individuals have different options, depending on what their situation is.

• Filing for Emergency Custody:

  If an intrafamily offence has occurred and you believe your child to be in danger, an emergency motion and request for ex parte hearing may be filed requesting immediate court intervention. The Administrative Order 14-23, states some of the bases that would warrant an emergency ex parte hearing including but not limited to, a child “in imminent danger” and “other extraordinary situations that the court deems appropriate.” If the judge determines an emergency hearing is necessary, you or your counsel, will be notified. This is an appropriate mechanism if you believe your child is in danger due to violence that occurred at the hands of a parent or guardian.

•  Filing for Civil Protection Order:

  Filing for a Protective Order is another means of immediate intervention if you, or your child, has experienced an intrafamily offense. In the District of Columbia, a final protective order can last up to two years, and can grant the Petitioner temporary custody of children if requested. For more information related to Civil Protection Orders, see another Markham Law Firm blog titled, “What You Need to Know About Civil Protection Orders in the District of Columbia.”

Conclusion

Going through a divorce and/or custody case can be difficult under any circumstance, however when domestic violence is involved, it can feel deeply overwhelming and frightening. In the District of Columbia, the law recognizes the serious impact of domestic violence in custody cases, and there are immediate interventions made available to ensure stability and safety for survivors.

 If you are experiencing or have experienced domestic violence, know that you are not alone. At Markham Law Firm, we have experience handling matters involving domestic violence and can help you navigate your legal needs. To learn more about our services or to schedule a consultation, please contact our office at 240-396-4373 or click here.