Lawmakers Target Domestic Violence, Child Abusers

Legislation that would increase protection of abused spouses and children during a custody dispute is headed for the floor of the Oklahoma House of Representatives.
House Bill 1739, by state Rep. Ron Peters, requires state courts to presume a child should be placed with a non-abusive parent in any case where there is clear evidence the other parent has engaged in domestic violence, stalking, or harassment.

“During divorce or custody disputes where domestic violence has previously occurred, the violence often escalates to the point of murder,” said Peters, R-Tulsa. “We don’t want the state of Oklahoma to force any woman or child to risk their lives.”

According to the Oklahoma Domestic Violence Fatality Review Board, 50 percent of domestic violence homicides in 2002 occurred during a child exchange.

According to the Oklahoma Domestic Violence Fatality Review Board, Oklahoma averages 75 deaths per year from domestic violence and children witnessed the death of a parent as the result of domestic violence in 37 percent of cases in 2004.

Oklahoma has been ranked fourth in the nation in intimate partner homicides.

“The data clearly show that violent spouses or partners remain a threat to the safety and well-being of both the child and non-abusive parent,” Peters said. “It’s time we require the courts to take violent behavior into greater account during custody disputes.”

Peters said House Bill 1739 would create a standardized approach in custody and visitation cases where one parent has been show to engage in domestic abuse

If visitation is allowed, the bill requires the court to “provide for the safety of the minor child” during the event.

Under the bill, the court cannot order a victim of domestic violence, stalking, or harassment to be present during a child visitation exchange.
In cases where evidence “tending to substantiate suspected or confirmed child abuse” is identified by the Department of Human Services, the bill requires the suspension of visitation rights.

The legislation also requires the abusive parent to pay the non-abusive parent’s court costs for divorce and custody proceedings if there is “a showing by a preponderance of evidence that the party is currently being stalked or has been stalked or is the victim of domestic abuse.”

Peters said the legislation could dramatically reduce the occurrence of abuse in Oklahoma.

“Research indicates as many as 60 percent of men who abuse women also abuse children,” he said. “Once we know a man has engaged in domestic violence, we also know there is a very good chance he will abuse his child. This bill will provide additional safeguards to protect those children in future custody and visitation cases.”

House Bill 1739 has been approved by the House Judiciary Committee and
now goes before the entire Oklahoma House of Representatives.