Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Impact
The bill establishes a statutory framework under which, upon the issuance of a final restraining order against an abuser, there is a presumption that legal and physical custody of the children will be awarded to the non-abusive parent. This is seen as a necessary protective measure for children to ensure their well-being in the aftermath of domestic violence incidents. It aims to promote stability in the custodial arrangements by legally prioritizing the safety of the child and the victimized parent.
Summary
Assembly Bill A3388 proposes to amend existing domestic violence legislation by allowing courts to order counseling for children in situations involving domestic violence. The focus is on ensuring that children who have witnessed or experienced domestic violence receive necessary support and therapy, thereby addressing the psychological impact of such experiences. The bill emphasizes the need for intervention in cases where children reside with victims and abusers, mandating that counseling services be made available to minor children involved in domestic violence cases.
Contention
One of the notable points of contention surrounding A3388 involves its provisions regarding financial responsibilities for counseling. The bill not only permits the court to mandate counseling but also allows for the abuser to be ordered to pay for these services. Concerns have been raised about the practical implications of enforcing such financial orders, especially when an abuser may lack the ability or willingness to comply. This aspect of the bill could lead to disputes regarding the enforcement of financial obligations between the parties involved, potentially complicating court proceedings further.
Carry Over
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.
Same As
Permits court to order counseling for children in households with domestic violence in appropriate cases; establishes presumption of award of custody to domestic violence victim in appropriate cases.