Navigating the challenges of domestic violence and child custody can feel overwhelming, especially when you’re trying to protect both yourself and your child. If you’re reading this, you may be facing difficult circumstances, and we want you to know you’re not alone.
At Hobson & Hobson, P.C., our Georgia child custody attorneys want you to know that you have rights. We understand this is an emotional topic, but knowledge is power. By understanding how domestic violence and child custody laws intersect, you can take steps to create a safer environment for you and your child.
What is Domestic Violence?
Domestic violence isn’t just about physical harm—it’s a pattern of behavior aimed at gaining control over another person. It can take many forms, including emotional, verbal, sexual, financial, or even digital abuse. It includes insults that damage self-esteem, threats to isolate you from family and friends, or tactics that restrict your access to money and resources.
Recognizing domestic violence in all of its forms is the first step. If this sounds familiar, understand that what you’re experiencing isn’t your fault—and there are steps you can take to regain safety and control.
Protect You and Your Child From Harm
If you or your child are experiencing domestic violence, obtaining a restraining order is a critical first step. Restraining orders, also called protective orders, are legal documents that prohibit an abuser from contacting or approaching you.
To apply for a restraining order in Georgia, you’ll visit your local court and file a petition. Judges may ask you to describe your situation, so it’s helpful to document incidents of abuse. Include any photos, messages, or witnesses that support your experience.
Once granted, the restraining order can mandate that your abuser stays away from your home, workplace, or child’s school. It’s important to follow up with local law enforcement to ensure the order is enforced.
Finally, consider counseling. Domestic violence leaves emotional scars, and professional therapy can help children process their experiences in a healthy way. Never underestimate the importance of emotional safety in addition to physical safety.
Child Custody and Domestic Violence
When a judge determines child custody in Georgia, the primary focus is always on what is best for the child. But what does that mean in cases where one parent has a history of domestic violence? The court will carefully evaluate several factors before making a decision.
Severity & Frequency of Abuse
First, the judge will look at the severity and frequency of the abuse. A single incident of domestic violence doesn’t necessarily mean the abusive parent will lose all custody rights, but repeated or serious incidents—especially those involving physical harm—can significantly impact their ability to retain custody. The court may also consider any protective orders in place and whether the abusive parent has violated them.
Direct Harm
Another key factor is whether the child was directly harmed or exposed to the abuse. Even if the child wasn’t physically injured, witnessing domestic violence can have lasting emotional and psychological effects. Studies show that children who grow up in abusive households are more likely to experience anxiety, depression, and difficulties in school. Because of this, judges often limit or deny custody to a parent who has subjected their child to such an environment.
Parent’s Willingness to Change
The abusive parent’s willingness to change also plays a role. Did they complete anger management programs, attend therapy, or show a sincere effort to change? If so, the court may allow them some form of visitation. However, this is typically under strict conditions, such as supervised visits in a safe setting.
It’s important to remember that the court doesn’t just rely on one parent’s word against the other. You must have hard evidence, such as police reports, medical documentation, and witness statements to win your custody case.
Domestic Violence Resources in Georgia & Nationwide
Recovering from domestic violence isn’t easy, but having the right resources can make all the difference. Whether you’re looking for temporary housing, legal counsel, or emotional support, there are organizations ready to help.
Here are a few key resources for families in Georgia and nationwide:
- National Domestic Violence Hotline – Call 1-800-799-SAFE (7233).
Remember, reaching out to these services is a sign of strength, not weakness. It’s a step toward reclaiming your safety and building a healthier future for you and your child.
Contact Our Georgia Child Custody Lawyers Today
Living through domestic violence takes courage. Balancing this with child custody issues can feel overwhelming, but remember—you’re not alone. The steps you take now to protect yourself and your child show incredible strength and resilience.
If you are in the middle of a custody case involving domestic violence, working with an experienced family law attorney can make all the difference. At Hobson & Hobson, P.C., we will fight to ensure the court fully understands your situation and prioritizes your child’s safety above all else. You can get through this—one step at a time. Call our child custody law firm at 770-284-6153 or fill out our online contact form to get started.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
