8.3.4 Visitation Restrictions
8.3.4 Visitation Restrictions aetrahan Mon, 08/28/2023 - 11:54Initially, a parent with a history of family violence can only be awarded supervised visitation,1 which must occur in the immediate presence of the supervisor, cannot be overnight or in the abusive party’s home, and must be paid for by the abuser.2
The PSFVRA prohibits the parent with a history of abuse from exercising unsupervised visitation until he satisfies a variety of conditions that include proving successful completion of a batterer intervention treatment program since the last incident of abuse.3 After that, he may petition to have unsupervised visitation, but unsupervised visits will not be granted merely because the treatment program was completed.4 At the hearing, the court must consider evidence of the abusive parent’s current mental health condition and the possibility of continuing abuse. In addition, the parent must prove that visitation would be in the best interest of the child and would not cause physical, emotional, or psychological damage to the child. Even if proven, the court may continue the supervision and impose any continuing or additional restrictions, conditions, and safeguards necessary to minimize any risk of harm to the child.5
The PSFVRA specifically prohibits courts from using an abusive party’s friends, relatives, therapist, or associates as visitation supervisors.6 The requirement that visitation be “supervised” is easily undermined by the appointment of supervisors who would not meaningfully monitor the visitation. Although the court may appoint a victim’s friends or family to supervise visitation if the victim consents,7 supervision by a friend or family member of the victim is rarely a safe or reliable option. Lawyers should explore other safe supervision options in their community in advance of court.