Custody and Visitation in Abuse Cases
Custody and visitation matters involving abuse are often complex and difficult to resolve. When a parent causes substantial physical or emotional harm to a child, the legal system may deny custody rights and significantly restrict or even deny visitation rights.
The Adrian Peterson Case and Child Abuse Allegations
The high-profile suspension of Adrian Peterson, a Minnesota Vikings running back, underscores the severe consequences that can arise from child abuse accusations. The NFL has struggled to respond, suspending, reinstating, and then re-suspending Peterson as he awaits trial. He is accused of injuring his 4-year-old son by striking him with a “switch,” or tree branch, while making the boy hold leaves in his mouth.
Domestic Violence Law in Virginia
In Virginia, violence against any family member — including a spouse, child, or other household members — is considered a crime. Several actions can constitute domestic violence, including:
- Force.
Compelling someone to do something against their will through the use of force is considered abuse. - Violence.
Physically striking or intentionally causing harm to a family member is illegal. - Threats.
Using threatening language to menace or suggest bodily harm is also a criminal offense in Virginia.
Legal Consequences of Domestic Violence in Child Custody Cases
If authorities determine that a parent has been abusive, they may issue a preliminary protective order or restraining order to prevent the parent from contacting the child. Violating these orders can result in:
- Jail time
- Fines
- Probation
- Other penalties
These legal consequences can have a major impact on child custody cases. For instance, a parent who loses the legal right to go near their child cannot live in the same home, even if they remain married to the other parent.
Need Help with a Child Custody Case Involving Abuse?
If your family is involved in a child custody case that includes allegations of abuse, it’s essential to have experienced legal representation. Contact the compassionate Virginia family law attorneys at DiPietro Law Group, PLLC at (888) 530-4374 to schedule a confidential consultation about your options.