June 24, 2019
Written on behalf of Daniel H. Chambers Attorney at Law, P .C.
Domestic or family violence is awful no matter how you look at it. That being said, parents who have committed domestic violence crimes are sometimes able to gain visitation rights after the abuse has occurred. However, this visitation can only occur under specific circumstances where the court deems the child and parent who are victims of domestic violence will be safe. According to Alabama Code, the following are five of the actions a court can take to ensure a safe visitation:
1) Forbid Overnight Stays
There’s an understandable concern for victims of violence to be in the company of the offender overnight. If the court deems the offending parent unpredictable or unreliable, they will prohibit overnight visitation.
2) Mandatory Counseling
It’s safe to say that people who commit domestic violence are in need of some form of therapy. Depending on the nature of the specific case, the court may mandate the victimizer to satisfactorily complete a counseling program before being allowed any visitation.
3) Abstinence from Drugs and Alcohol
Cases of domestic or family violence sometimes result after drug and/or alcohol use. The court may decide that alcohol or controlled substances will foster a dangerous environment for the victims. Because of this, the perpetrator may be ordered to abstain from possession or consumption of alcohol or controlled substances for 24 hours before the visitation and during the visitation as well.
4) Required Supervision
Courts can order that the visitation can only occur under supervision. Sadly, there are cases when the offender can’t be trusted in the same room as the victims, so a third-party supervisor may be necessary.
Each case is different, but some may require extra protection. Courts can order that the address of the victims of the abuse be kept secret from the perpetrator. This can be ordered whether visitations are allowed or not.
This article should not be considered legal advice. If you need more information or you’re in need of legal counsel, it’s best to speak with an experienced attorney, like Daniel H. Chambers, Attorney at Law, PC. Mr. Chambers is a respected attorney in the Alabama legal community who takes pride in successfully negotiating favorable outcomes for his clients.
We have used Daniel Chambers for legal services on several occasions since 2007 with excellent results. He has assisted our family in each matter with a professional yet tenacious manner. He has always been upfront about possible outcomes and honest about how to appropriately deal with challenging situations. I have recommended him several times over and will continue to do so. He has been an incredible asset to have on our legal team and we have always been satisfied with the results.
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