The PSFVRA requires that visitation available to a parent with a history of family violence be terminated altogether if that parent violates an injunction against abuse.1 This termination appears to be permanent.2
In addition, an abusive former partner’s visitation rights must be completely terminated if it is proven by clear and convincing evidence that the parent sexually abused the child.3 The prohibition on visitation continues until the abusive parent proves that he has successfully completed a treatment program for sexual abusers and that supervised visitation would be in the child’s best interest.4 Even after this is proved, only supervised visitation can be allowed. If necessary, the protecting parent can also invoke Article 1570(F) of the Children’s Code to suspend visits until the child reaches majority.
- 1La. R.S. 9:366(B).
- 2The legislative history of the Post-Separation Family Violence Relief Act makes it clear that the legislature intended to eliminate the courts’ power to allow visitation for violators of injunctions. Compare Act 1091 of 1992 with Act 888 of 1995 and Act 750 of 2003. A brief on this issue is available here.
- 3La. R.S. 9:364(F).
- 4Buchanan v. Langston, 36,520-CA (La. App. 2 Cir. 9/18/02), 827 So. 2d 1186. If sex abuse is proven, however, La. C.Ch. art. 1570(F) may be invoked instead to suspend visitation until the child is eighteen years old.