Domestic violence is a grave issue that affects countless families across the United States.  Rates of domestic violence and sexual assault are exceptionally high in Alaska. When parents separate or divorce, the presence of domestic violence can significantly influence child custody decisions. Understanding how domestic violence impacts these cases is crucial for legal professionals, parents, and advocates working to protect the well-being of children in Alaska.

 

 

Domestic violence encompasses a range of abusive behaviors, including physical, emotional, and psychological harm inflicted by one partner on another. In Alaska, the domestic violence offenses that may be considered by the court are defined by statute.  While domestic violence can take many forms, these statutory definitions generally focus on physical harm. The consequences of such violence are profound, often leading to long-lasting effects on victims and their children.

 

 

Alaska courts prioritize the best interests of the child when determining custody arrangements. In cases where domestic violence is alleged, the courts must evaluate the safety and stability of the home environment. Alaska law recognizes that exposure to domestic violence can have adverse effects on a child's emotional and psychological well-being, thus influencing custody outcomes.

 

 

 

Victims of domestic violence face numerous challenges in custody disputes. These include:

 

- Fear of Retaliation: Many victims worry that pursuing custody will provoke further violence or retaliation from the abuser. This fear can hinder their ability to advocate for themselves and their children.

 

- Financial Constraints: Legal battles can be expensive, and victims may struggle to afford representation, making it challenging to navigate the custody process effectively.  In addition to or in lieu of domestic violence protective orders, financial protective orders may be necessary to ensure that an abusive family member does not steal from the victim in retaliation for seeking help.  

 

- Stigmatization: Victims may feel stigmatized or unsupported by their communities, leading to isolation during a critical time in their lives.

 

- Manipulation of the Criminal or Civil Justice Systems by Abusers: anyone can experience domestic violence or sexual abuse.  The Intimate Partner Violence to Prison Pipeline is a phenomenon caused by domestic abusers using disparate access to legal resources in order to maintain control over their victims.  This may include, for example, threats to have a victim's probation revoked if the victim has a recent criminal conviction.

 

 

In Alaska, numerous resources are available for victims of domestic violence seeking assistance with custody issues. Organizations such as the Alaska Network on Domestic Violence and Sexual Assault (ANDVSA). provide legal advocacy, counseling, and support services. Additionally, local legal aid organizations can help navigate the complexities of custody cases involving domestic violence.

In addition to safe shelter from domestic violence, Abused Women's Aid in Crisis (AWAIC) provides extensive support services including a twenty-four hour crisis hotline.

 

 

The implications of domestic violence on child custody cases in Alaska are profound and multifaceted. It is essential for legal professionals, parents, and community members to understand the impact of domestic violence on families. By prioritizing the safety and well-being of children, Alaska can work towards ensuring that custody decisions reflect the best interests of the child while holding abusers accountable for their actions.

 

Owner Caitlin Shortell worked in the Alaska Department of Law's Child Protection Unit for several years; associate attorney Sarah Kathryn Bryan prosecuted domestic violence offenses at the Municipality of Anchorage and continues to serve as a contract attorney for ANDVSA.  Through continued advocacy and support, we can strive to create safer environments for all families in Alaska.  To work with Shortell Law LLC in your child custody case, please call (907)272-8181 today.