Parents with a history of family violence may seek, but are not entitled to, either supervised or unsupervised visitation under the PSFVRA.1 PSFVRA visitation orders are subject to a variety of pre-conditions set forth by La. R.S. 9:341. The standard that applies to a request to modify visitation in a PSFVRA order depends upon whether the visitation being sought is supervised or unsupervised. Until a perpetrator of family violence proves he has met the requirements for unsupervised visits under La. R.S. 9:341,2 supervised visits cannot be modified in ways that do not include the safety-related restrictions of La. R.S. 9:362.
For a request to modify supervised visitation to unsupervised visitation, the abusive parent must prove he has satisfied a variety of conditions that include successful completion of a batterer intervention treatment program since the last incident of abuse.3 But unsupervised visits will not be granted merely because the treatment program was completed.4 At the hearing, the court must also consider evidence of the abusive parent’s current mental health condition and the possibility of continuing abuse. And the party seeking visitation 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 restrictions, conditions, and safeguards necessary to minimize any risk of harm to the child.
All subsequent requests to modify or expand visitation in a PSFVRA case will continue to be governed by La. R.S. 9:341. There is no legal “work-around” that can change a PSFVRA case into an ordinary custody or visitation case subject to a best interest test alone. Some family law attorneys will assert that the passage of time or compliance with past orders should eventually entitle the parent with a history of abuse to assert custodial rights or request less onerous visitation restrictions than those set out in La. R.S. 9:341. This argument conflicts with the plain language of the governing statutes and is not supported by any legal authority.
- 1La. C.C. art. 136; La. R.S. 9:341.
- 2For further discussion of these requirements, see Section 8.6.1.
- 3La. R.S. 9:341
- 4Id.