Erosion of the statutory preference for joint custody, based on the danger posed by batterers to children and battered women has occurred. There is an emergence of a presumption against or a bar to an award of sole custody to battering parent. Best interest factors expanded to include domestic violence. Weight of presumptions and best interest factors relating to domestic violence. Mandates to consider domestic violence and prohibitions of awards.
Many state codes compel state courts to hear evidence and make findings on domestic violence.
Several prohibit awards to perpetrators when there has been a determination of domestic violence. And vice versa. Case law has only begun to emerge on this issue. Most reported decisions conclude that the protection order provisions are advisory, but not binding. However, some protection order statutes do give explicit direction to the protection order judge on the weight of previously-issued custody orders.