Oklahoma Divorce and Domestic Violence Allegations
Under the law, domestic violence is described as causing physical injury, sexually assaulting, or threatening anyone living in the home.
Domestic violence is a serious problem in Oklahoma. In fact, our state ranks third in the nation among women killed by men as a result of domestic violence. Because of this epidemic, Oklahoma courts take allegations and claims of domestic violence very seriously in divorce cases, especially in regard to child custody.
Child Custody and Domestic Violence
Child custody is determined based on a number of factors that relate to the overall best interest of the child. If there have been any allegations or reports of abuse in the past, the abusive parent may have supervised visitation or lose custody all together.
If one of the parents has been convicted of a domestic violence charge or if there is a protective order in place, the judge may order supervised visitation for the abusive parent. The guidelines for visitation may include:
- Supervision by an agency or other third-party adult
- Visitation can only occur in what the court deems to be a protected setting
Furthermore, the abusive parent must adhere to specific rules and complete certain benchmarks such as:
- Abstaining from drugs or alcohol for 24 hours before visitation
- Completing an assessment to diagnose danger/lethality
- Completing an intervention program certified by the Office of the Attorney General for batterers
Loss of Custody
In circumstances of extreme abuse, the abusive parent could lose all access to the child. In these cases, even supervised visitation would be out of the question.
Termination of parental rights may occur if the abusive parent:
- Murdered or attempted to murder a child or the child’s other parent
- Sexually assaulted any child
- Committed felony assault on a child or the child’s other parent
Help in Your Divorce Case
Domestic violence charges are taken very seriously in Oklahoma and can have a devastating impact on your family, especially in the event of a divorce. To learn more or for assistance with your case, schedule a confidential and free evaluation with the Edge Law Firm today.