3A.05.070 Conditions of visitation in cases involving domestic violence

Statutes | Coushatta Tribe of LA Prot. from Viol. and Dom. Viol. Code Title 3A Chapter 3A.05 § 3A.05.070 | 2019

(a) A court may award visitation by a parent who committed domestic violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of domestic violence can be made.

 

(b) In a visitation order, adequate provision for the safety of the child and the parent who is a victim of domestic violence may include but is not limited to an order that:

(1) Exchange of a child is to occur in a protected setting.

 

(2) Visitation is to be supervised by another person or agency.

 

(3) The perpetrator of domestic violence is to attend and complete, to the satisfaction of the court, and as a condition of the visitation, a program of counseling for perpetrators of domestic violence, or some other designated counseling.

 

(4) The perpetrator of domestic violence is to abstain from possession or consumption of alcohol or controlled substances during the visitation and for twenty-four (24) hours preceding the visitation.

 

(5) The perpetrator of domestic violence is to pay a fee to defray the costs of supervised visitation.

 

(6) Overnight visitation is prohibited.

 

(7) The perpetrator of domestic violence is to post bond for the return and safety of the child.

 

(8) The perpetrator of domestic violence is to comply with any other condition that is deemed necessary to

provide for the safety of the child, the victim of domestic violence, or any other family or household member.

(c) Whether or not visitation is allowed, the court may order the address of the child and the victim to be kept confidential.

 

(d) The court may refer, but shall not order, an adult who is a victim of domestic violence to attend counseling related to the victims status or behavior as a victim, either individually or with the perpetrator of domestic violence as a condition of receiving custody of a child, or as a condition of visitation.

 

(e) If a court allows a family or household member to supervise visitation, the court shall furnish clear guidelines to those persons related to their responsibility and authority during supervision, so they are better able to protect the child should the perpetrator engage in violent or intimidating conduct toward the child or adult victim in the course of visitation.