Domestic Violence and Wisconsin Family Court

How DV concerns may affect custody and placement decisions in Wisconsin.

How Domestic Violence Can Affect Parenting and Custody Decisions

1. Custody and Parenting Basics in Canada

In Canada, courts focus on the “best interests of the child.” Laws and terms can differ by province or territory, but the core idea is the same: decisions are made around what is safest and healthiest for the child, not what feels “fair” to the adults.

Common terms you may see:

• Decision-making responsibility / parental responsibilities: Who makes major decisions about the child’s health, education, religion, and other important issues.
• Parenting time / contact: When and how the child spends time with each parent or caregiver.
• Primary residence: Where the child lives most of the time, if not roughly equal with each parent.
• Parenting plan: A written outline of schedules, communication rules, and how decisions are made.

Family courts generally prefer that children have safe, stable relationships with each parent. Concerns about violence or control can change how parenting time and decision-making are set up.

2. Raising Domestic Violence Concerns in a Parenting Case

Concerns about domestic violence can be raised at different points in a parenting or custody process, or even before a court case begins. How and when concerns are shared can affect safety and how the information is used.

Ways concerns may be raised

• Talking with a family lawyer or legal clinic, who may help explain how this information is relevant to parenting and safety.
• Letting duty counsel or a court help centre know, where available, if you are already at court and need guidance.
• Explaining concerns to a family justice counsellor, mediator, or parenting assessor, if you are in a process that involves them.
• Describing specific behaviours (such as threats, control, stalking, or harming property) in court forms or affidavits, if you are starting or responding to a case.

Information that may be relevant

Courts and family professionals often pay attention to:

• Patterns of control, intimidation, or isolation within the relationship.
• Any police or child protection involvement, even if it did not lead to charges or court orders.
• Threats to take the children, harm pets, or damage property.
• Incidents that happened in front of the child, or that the child knows about.
• How conflict affects the child’s sleep, school, mood, or behaviour.
• Any safety steps you have already taken (for example, changing routines, using supervised exchange locations, or blocking certain communications).

Some people worry that raising domestic violence will be seen as “trying to alienate” the other parent. Courts are usually asked to look at the difference between unfairly blocking a relationship and trying to keep a child safe.

3. How Courts May Evaluate Domestic Violence in Parenting Decisions

When domestic violence is raised, courts usually consider whether the behaviour affects the child’s safety and well-being, and whether it affects a parent’s ability to care for the child.

Common evaluation factors

• Impact on the child: Whether the child has seen, heard, or been indirectly affected by threats, yelling, property damage, or physical harm.
• Pattern and severity: Whether the violence or control is ongoing, escalating, or part of a long-term pattern.
• Risk of future harm: Any indication that the risk may continue, such as ongoing threats, stalking, or refusal to follow past agreements or orders.
• Ability to co‑parent safely: Whether communication can be kept business-like and child-focused, or whether it tends to become controlling or aggressive.
• History of caregiving: Who has been mainly responsible for day-to-day care, routines, school contact, medical appointments, and emotional support.
• Substance use and mental health concerns: If they affect parenting capacity or safety, including whether someone is seeking help or refusing it.
• Willingness to support the child’s relationship with the other parent: As long as that relationship can be safe.

Possible parenting arrangements when DV is a concern

If a court or professional accepts that domestic violence is a real safety concern, the parenting arrangements might include:

• Supervised parenting time at a community centre or with a safe third party.
• Shorter or less frequent visits, especially at first, with the possibility of review later.
• Exchanges at neutral, public locations or through third parties to limit direct contact.
• Restrictions on overnight visits for a period of time.
• Specific communication rules, such as using email, an app, or a parenting notebook instead of phone calls or in-person discussion.
• One person having most or all decision-making authority, with information-sharing to the other parent.

Some parents choose or are ordered to use structured tools for communication and scheduling. Others may receive referrals to parenting programs or counselling, especially when there is a history of violence or control.

4. How Restraining and Protection Orders Interact with Parenting

Restraining orders, peace bonds, and other protection-type orders can set limits on contact and communication. These can overlap with parenting orders, which can create confusion.

Types of protective orders

Names and processes differ across Canada, but common options may include:

• Family court restraining orders: Usually connected to family law cases, restricting contact with a partner or former partner, and sometimes with the children.
• Criminal no‑contact orders or bail conditions: Conditions placed on someone charged with an offence, which can prevent contact with certain people or places.
• Peace bonds or protection orders: Orders that can limit contact even if there has not been a criminal conviction.

When parenting orders and restraining orders overlap

Sometimes one order says there should be no contact, while another order says parenting time must happen. In these situations:

• The wording of each order matters. Some protective orders make specific exceptions for parenting exchanges or communication about the child.
• If orders conflict or are unclear, people often return to court or seek legal information about how to follow them safely.
• Sometimes a court will change a parenting order after a protection order is made, to add supervision, third-party exchanges, or different communication rules.

Many protective orders include conditions such as staying a certain distance away from a home, school, or workplace. This can affect where exchanges happen and who is allowed to attend events or appointments.

Planning parenting time around a restraining order

Where parenting needs to continue but contact between adults must be limited or avoided, arrangements might include:

• Using a supervised access centre, if available in the community.
• Having a trusted third party handle pick‑ups and drop‑offs.
• Using written communication only, through methods allowed by the order.
• Scheduling exchanges in public, well‑lit locations, if this is permitted and safe.

5. Safety and Support While Navigating Parenting and DV

Parenting decisions in the context of domestic violence can feel complex and pressured. It is common to have mixed feelings about contact between children and the other parent, especially when there is a history of harm or control.

Possible supports can include:

• Legal information resources about family law in your province or territory.
• Community domestic violence services, which may offer safety planning, accompaniment to court, or help understanding documents.
• Family court support workers, where available, who can explain processes and help with forms without giving legal advice.
• Trusted friends or family to assist with transportation, child care during court dates, or emotional support.

Additional support options across Canada, including shelters and community services, can be found through resources listed at DV.Support.

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