This is the second post in my series on how domestic violence impacts the rights of Nevada fathers. Today I will discuss how the Clark County Family Court views domestic violence and the types of evidence that will be considered when determining whether domestic violence has taken place.
How domestic violence impacts Nevada child custody decisions
First, let’s discuss what constitutes domestic violence in the court’s eyes. Domestic violence consists of abuse against the child, a parent of the child or any other person residing in the home of the child. There does not have to be physical injury and a mere shove may be considered domestic violence. In other words, if any abusive situation occurs in your home, whatsoever, the court is allowed and will take that into consideration when deciding your child custody case.
Courts take a dim view on domestic violence. Obviously any child abuse allegations will be thoroughly investigated. Spousal abuse is commonly claimed during custody battles. The Court’s view regarding any abuse is to err on the side of caution and any indication of violence raises a red flag. This is why the Court will proceed with extreme caution anytime there is an allegation of violence.
Nevada courts will typically not grant joint child custody if there is a finding of domestic violence
Nevada law presumes that parents should not share joint child custody if the Court finds that domestic violence has occurred. As I discussed in my post on how Rivero v. Rivero impacts child custody cases with domestic violence allegations, Nevada presumes this means that a father who has committed domestic violence may have his child less than forty percent of the time. A Court may find that violence has occurred even when there has not been a criminal conviction. In some cases the Court may reach this conclusion solely on testimony.
The four main types of evidence the Court looks at regarding domestic violence consists of:
- Convictions – any prior convictions of violent behavior.
- Police reports – any reports filed against a party regarding violent behavior, whether you were convicted or not. (Even if the charges against a party were dropped.)
- Witnesses – any witnesses that submit a sworn statement that domestic violence or violent behavior has occurred.
- Testimony – any testimony offered regarding violent behavior.
As I stated above, the Courts regard domestic violence as a serious offense and will err on the side of caution in order to protect the rights of the children. If you are a Nevada father and your child custody case involves allegations of domestic violence then you should contact an attorney today.