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Short Reflection Paper for Domestic Violence Law

In deciding whether it is okay to let the child stay with either party in domestic violence cases, the DC code evaluates the award diligently. The DC code considers various aspects, but the guiding principle in these cases is to have the best interest of the child considered. The evidence presented in court against the party who has battered the other party (complainant) can be used against that party in denying him or her custody of the child. The rebuttable presumption in cases of domestic violence asserts that it is not in the best interest of the child to award custody to the guilty party in a domestic case. As stated, the presumption is rebuttable, and the party seeking the custody of the child can rebut such an action and create an exception to his or her favour (Lemon, 2001).
I agree that living in a home where domestic violence is taking place is harmful to the child psychologically. I note that domestic violence, even if it is not directed towards the child, will have a great effect on the child. Thus, courts should always consider this fact. The parenting arrangements to grant custody should always work in favour of the child. The well-being of the child should precede any party’s interest in the domestic violence case. The battle of custody of the child by parties in a domestic violence case should be given special considerations since it may cause irreparable damage to the life of the child. In the most serious where the child is subjected to domestic violence, the party seeking custody should get an automatic denial regarding custody of the affected child (Lemon, 2001).

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