One key difference though between whether it’s successful or whether it’s not is in the event that the domestic violence petition is not awarded. For example, maybe no other proceedings are going on, whether it’s divorce or whether it’s for say a petition for allocation, which is dealing with custody issues. The court is totally without jurisdiction to deal with those issues because the only thing that’s going to happen at that point is that the domestic violence petition is going to be thrown out. The court can only do something called parenting if there’s an actual proceeding that’s going on.
The other type of proceeding involving children is one in which the children are actually named in the petition. In this case you have to have grounds for the actual domestic violence petition being awarded and the child has to be an alleged victim of the domestic violence. At that stage, then the court’s going to intervene and then they’re going to make a determination as to whether domestic violence happened in front of the children. In the event that domestic violence has been in some way committed against the children, the courts are far more likely to order that there’d be some sort of supervised visitation. There are typically greater restrictions that are going to be placed on the parent who committed the domestic violence.