What are the effects of domestic violence (spousal abuse) on the parties’ children?

Witnessing domestic violence between their parents seriously harms children.

• First, there is a high correlation (relationship) between spousal abuse and child abuse; the woman batterer is also likely to physically abuse his children.
  
• Second, witnessing such abuse teaches the children that physical violence between family members is appropriate or typical behavior. As a result, many boys whose witness their fathers battering their mother later become batterers themselves.
  
• Third, research by social scientists have demonstrated that children in violent families experience personal trauma, and as a result are more likely to suffer from various psychological emotional disorders, behavioral problems and feeling of helplessness.
• Fourth, children who try to protect the parent who is being attacked are sometimes physically abused themselves. As a result, families with spousal abuse may be occurring are more vulnerable to intervention by children service agencies and, in the event of the parents’ separation, child custody and visitation arrangements should be structured to ensure the safety of the battered parent and her children.

Does Ohio law require domestic relations courts to consider domestic violence (spousal abuse) in deciding child custody and visitation cases?

Yes, but only to a limited degree.

In child custody cases where the abuser has been previously convicted of, or pleaded guilty, to domestic violence, the court may not award shared parenting or award sole custody to the batterer unless the court includes in its order specific findings of facts explaining why it is in the best interest of the child to award shared parenting or award sole custody to the batterer. See R.C. 3109.04(C). This statute creates, in effect, a rebuttable presumption against awarding shared parenting or sole custody to the batterer.

In addition, R.C. 3109.04(F)(2) requires the court, before awarding shared parenting, to consider as a factor “the history of, or potential for, spousal abuse, child abuse, or other domestic violence.” This is one of a number of factors that the court must consider in determining what custodial arrangements are in the best interest of the children.

As for visitation, the visitation statute requires the court to consider the batterers' prior criminal conviction or guilty plea to domestic violence as a factor in determining visitation arrangements. See R.C. 3109.051(D)(12). Judges vary as to how seriously they consider domestic violence in determining child custody or visitation arrangements.

May a domestic violence victim who files a petition for civil protection order (CPO) keep her address confidential?

Ohio’s domestic violence CPO statute does not address this issue. However, as a matter of practice, most courts will allow the domestic violence victim to keep her address confidential or to use a different mailing address on her court papers.

The most common practice is for the CPO petition to give an alternative address as the victim’s address on the CPO petition.

For example, the CPO petition could give the shelter’s address, the victim’s attorney address, or a relative or friend’s address as her address. The alternative address stated on the CPO petition should be an address at which the victim can receive mail, including court papers, and may be a possible site for exchanging the child for visitation transfers.

What form do I need to complete to get a civil protection order?

If you or a family member are being physically abused or threatened with harm by a family or household member (person living in your home, even if not related to you by marriage or blood) you can apply for a Domestic Violence Civil Protection Order now.

What types of restrictions on the abuser’s visitation rights can be imposed by the courts in cases where there is a history of domestic violence?

The judge may prohibit visitation entirely in cases where there has been extreme domestic violence. But it is highly unlikely that the judge will prohibit visitation unless there has been a history of child abuse as well as spousal abuse.

In cases where there is a danger that the abuser may be abduct or harm the children, the judge may order supervised visitation. “Supervised visitation” may occur at a supervised visitation center, at a trusted friend or relatives' home, or at any other site considered safe for the battered woman and her children.

If supervised visitation is deemed unnecessary, the judge may instead order that the exchange of the children take place at a safe pick-up and drop-off site. That site could be a supervised visitation center, a police station, a local restaurant, the public library, a relative or friend’s home, or any other place where the victim would feel safe in dropping off and picking up her children.

The judge can also order the batterer to successfully complete a batterers' intervention program, alcohol or drug abuse counseling, or a test period of supervised or restricted visitation before giving the batterer unsupervised visitation.

Other possible court-imposed visitation restrictions on the batterer include:

• Prohibiting the batterer from consuming any alcohol or drugs before or during his visitation with the children;
  
• Prohibiting the batterer from taking the child out of the county;
  
• Limiting the batterer to a few hours of visitation at a time;
  
• Any other limitations or restrictions designed to ensure the safety and health of the battered parent and minimize the chances of the child being abducted by the batterer.

Can a victim change her Social Security number in order to prevent her abuser from tracking her whereabouts?

Yes.

The Social Security Administration has established a simple procedure for domestic violence victims to change their Social Security number so that their abusers cannot use their number to locate their whereabouts.

A victim of domestic violence should contact their local Social Security office as soon as possible to request a new Social Security number. New Social Security numbers will now be assigned to battered women who provide written corroboration of the domestic violence from a third party, which may include: domestic violence programs/shelters, law enforcement, courts, physicians and other health care providers, attorneys, clergy, and family members or friends.

This confirmation of abuse may be in the form of formal documents or letters from an individual or agency. A battered woman’s request cannot be denied without cause. If a request is denied, the Commissioner of Social Security must provide an explanation to the battered woman.

Can I change my Social Security number so my abuser cannot use it to find me or my children?

Yes, the Social Security Administration (SSA) may assign a new Social Security number (SSN) to victims of domestic violence, stalking, and sexual assault. To do so, you should visit your local Social Security office and fill out a request for change of SSN. You should also bring the following documents with you to the Social Security office:

• original documents establishing your age, identity and U.S. citizenship or lawful non-citizen status, such as a birth certificate and a driver’s license;

• your current Social Security number;

• one or more documents identifying you by both your old and new names if you have previously changed your name;

• custody papers for children that are requesting new SSNs; and

• evidence documenting the harassment or abuse.

Changing your SSN may enhance your safety by making it more difficult for your abuser to find you and your family. However, there are potential drawbacks to changing your SSN, including possible loss of credit and other histories; loss of professional and/or educational credentials; interactions with mutual parties (parties known to the abuser and victim/survivor); or difficulties in getting jobs, buying a house, or even renting an apartment.

For further information, use these links to go to instructions on the Social Security Administration web site: SSA Provides Assistance to Victims of Domestic Violence and New Numbers For Domestic Violence Victims.

Other relocation strategies that may be employed by victims of domestic violence include:

• Using P. O. boxes or a service such as Mailboxes Etc. for mail;

• Using "Virtual Voicemail" phone numbers such as www.golden-voice.com, www.messagingservice.com, or www.voicemailoffice.com

• Renting where utilities are included in the rent;

• Asking the Bureau of Motor Vehicles (BMV) to print a P. O. box address on your driver’s license;

• Checking voter registration policies; and

• Speaking with schools, churches, etc. about your and your children’s confidentiality issues.

Obtaining new SSNs for children involves the same considerations and relevant documentation requirements as obtaining an SSN for yourself. However, an applicant for a minor child must prove sole custody of the children (designation as the residential parent and legal custodian of the child).

For more information on domestic violence visit the Ohio Domestic Violence Resource Center.

See also the Forms & Education tab in this section for more information.