[1]
Code reviser's note: This chapter was originally added as Chapter 4.95. Following the amendments of Res. 2018-83, it has been editorially renumbered to avoid duplication of numbering.
When granting temporary child custody or establishing visitation with minor children in an order of protection, the Court's primary consideration shall be the safety of the alleged victim of domestic violence and the minor children. If the Court finds that the safety of an alleged victim or the minor children will be jeopardized by unsupervised or unrestricted visitation, the Court shall set forth conditions or restrict visitation as to the time, place, duration or supervision, or deny visitation entirely as needed to guard the safety of the alleged victim or minor children.
(Formerly 4.95.010; Prior code § 8.2.12.010; Res. 2006-41; Res. 2006-63; Res. 2011-020)
A. 
In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic violence has occurred raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of domestic violence.
B. 
In every proceeding where there is at issue a dispute as to the custody of a minor child, a determination by the Court that domestic violence has occurred raises a rebuttable presumption that it is in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence in the location of that parent's choice.
C. 
If a parent is absent or relocated because of an act of domestic violence by the other parent, the absence or relocation is not a factor that weighs against the parent in determining custody or visitation.
(Formerly 4.95.020; Prior code § 8.2.12.020; Res. 2006-41; Res. 2006-63; Res. 2011-020)
When establishing visitation in domestic violence cases, the Court may:
A. 
Order an exchange of a minor child to occur in a protected setting or by a third party;
B. 
Order that visitation be supervised by another person or agency;
C. 
Order the perpetrator of domestic violence to attend, and complete to the satisfaction of the Court, a program of intervention for perpetrators or other designated counseling as a condition of visitation;
D. 
Order the perpetrator of domestic violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for a period of time preceding the visitation;
E. 
Order the perpetrator of domestic violence to pay a fee to defray the costs of supervised visitation;
F. 
Prohibit overnight visitation;
G. 
Require a bond from the perpetrator of domestic violence for the return and safety of the minor child; and
H. 
Impose any other condition that is deemed necessary to provide for the safety of the minor child, the victim of domestic violence, or other family or household member.
(Formerly 4.95.030; Prior code § 8.2.12.030; Res. 2006-41; Res. 2006-63; Res. 2011-020; Res. 2016-17)
When the Court orders that visitation be supervised in domestic violence cases, the Court shall require the supervising person or agency to sign a statement in which the supervisor agrees to remain present during the entire visitation and abide by the visitation requirements, and acknowledges that the supervisor may be held in contempt of court for failure to do so.
(Formerly 4.95.040; Prior code § 8.2.12.040; Res. 2006-41; Res. 2006-63; Res. 2011-020)
The Court may refer, but must not order, an adult who is a victim of domestic violence to attend counseling relating to the victim's status or behavior as a victim as a condition of receiving custody of a minor child or as a condition of visitation.
(Formerly 4.95.050; Prior code § 8.2.12.050; Res. 2006-41; Res. 2006-63; Res. 2011-020)