Can the Police Question Children in the Home of an Alleged Domestic Violence Incident?

Interviewer:  Can a police officer question a child without consent?

Michael Kramer: Yes, a police officer can question anyone he wants with regard to an incident that’s alleged. Often children witness domestic violence incidents, and they’re witnesses. You commonly see a wife testifying against a husband and children testifying against their father. As times goes on the wife just wants to forget about it, and resume the relationship, but the system often doesn’t allow that.

Interviewer: Can a child’s testimony be misconstrued? Maybe a child says, “Oh mom and dad fight.”

Can a Child Testify against a Parent? A Child’s Age and Level of Comprehension Is Taken into Account before They Are Called as Witnesses

Michael Kramer: With children by and large, it’s a matter of how much weight is given to a child’s testimony. Their credibility is determined by the age of the child, the intelligence of the child, the ability of the child to observe. All of that is explored. I don’t think you can make any blanket rule that a child of a particular age doesn’t have powers of observation. If prosecutors think the child can aid the prosecution, they’ll call the child as a witness.

The Order of Protection Bars That Parent from Contact with the Children and Prohibits Contact with the Other Parent to Arrange Visitation

Interviewer: If case did not involve a child, for example, there wasn’t a child present, but you have children. Will parenting rights still be taken away?

Michael Kramer: Parenting won’t necessarily be taken away, but there will be that order of protection that prohibits the husband from coming by the house to see his children.

Which means that he’s practically prohibited from seeing his children, because how else can he make arrangements to see them but through his spouse? Either meeting them at school or meeting them somewhere off of the premises, he has to contact his wife in order to make those arrangements, or he can’t contact his wife, according to the provisions of the order of protection.

It just puts people in a terrible situation with regard to seeing their children. It’s the children who really suffer in these cases.

Child Protective Services Often Investigates the Home Life of Children Whose Parents Had an Incident of Domestic Violence

Interviewer: If a parent is convicted for domestic violence, will they lose parenting rights as well?

Michael Kramer: Not necessarily. There will probably be a separate investigation by child protective services. Who will conduct an investigation of the home and use various criteria to determine whether it’s a safe and a nurturing place. Even if a husband is convicted of a domestic violence incident, it doesn’t necessarily automatically terminate parental rights.

Can a Conviction of Domestic Violence Prevent the Parent from Obtaining Custody of the Children?

Interviewer: Is there a possibility I could still get custody of a child with that on my record?

Michael Kramer: Anything is possible, but it’s a factor against you. As well as any other factors, such as drinking, drug use, prior marriages, history of your relationship with your children. All of those factors are taken into consideration with regard to custody. Certainly it’s a strike against you.

What Should You Do if the Party under the Order of Protection Attempts Contact While You Are Prohibited from Contact with Him or Her?

Interviewer: What if the protected party under an order of protection wants to make contact with the prohibited party?

Michael Kramer: Well if, the general rule is if a wife tries to contact the husband, that’s all well and good. The husband’s obligation, if there’s an order of protection, is to say, “I can’t talk to you with that order of protection.” Don’t continue the conversation any further. Save whatever proof you have that the contact was initiated by the wife and not by you.

Interviewer: Do you ever see that happening where maybe the victim tries to contact that person?

Michael Kramer: All the time. It’s almost a mini divorce case when there is a domestic violence incident. It brings up all the emotions, all the history of the marriage, all the things they’ve done to each other, all the times they’ve forgiven each other.