How can the judge protect me if I have been a victim of domestic violence, stalking, or harassment from the other parent?
If the judge gives the abusive parent visitation rights even though s/he has committed domestic violence, stalking, or harassment against you, the judge can order the following safety measures:
- a third party will pick up and drop off the child, or the exchange will take place in a protected setting;
- supervised visitation paid for by the abusive parent;
- the abusive parent must complete a batterer intervention program;
- no unsupervised or overnight visitation until the abusive parent completes the batterers intervention program and a substantial period of time has passed since s/he last threatened or abused you;
- the abusive parent cannot have or consume alcohol or drugs (controlled substances) 24 hours before and during visitation;
- the abusive parent must complete a lethality/danger assessment with a qualified mental health professional;
- anything else that is necessary to protect you, your child, and any other household member;1 and
- keeping your address confidential if you request it.2
If visitation is ordered, visitation can be terminated if:
- the abusive parent violates the conditions for visitation;
- your child becomes severely distressed as a result of the visitation, which can be determined by a mental health professional or a domestic violence specialist; or
- it’s clear to the court that the abusive parent has threatened to harm you or the child or threatened to flee with the child.3
1 43 O.S. § 111.1(4)
2 43 O.S. § 111.1(7)
3 43 O.S. § 111.1(6)