Legislation

Throughout this knowledge module, reference to certain provisions or sections of a piece of legislation, part of a legal judgment, or aspect of a practice does not imply that the legislation, judgment, or practice is considered in its entirety to be a good example or a promising practice.

Some of the laws cited herein may contain provisions which authorize the death penalty. In light of the United Nations General Assembly resolutions 62/14963/16865/206, and 67/176 calling for a moratorium on and ultimate abolition of capital punishment, the death penalty should not be included in sentencing provisions for crimes of violence against women and girls.

Other Provisions Related to Domestic Violence LawsResources for Developing Legislation on Domestic Violence
Sexual Harassment in Sport Tools for Drafting Sexual Harassment Laws and Policies
Immigration Provisions Resources for developing legislation on sex trafficking of women and girls
Child Protection Provisions Resources on Forced and Child Marriage
Other provisions related to dowry-related and domestic violence laws
Related Tools

Visitation

Last edited: January 05, 2011

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Legislation should state that a court may award visitation to a parent who has committed domestic violence only if it adequately provides for the safety of both the child and the parent who is a victim of domestic violence. Legislation should include the following options for ensuring safety for a child and the parent who has been a victim of domestic violence:

  • The court may order the exchange of a child to occur in a protected setting.
  • The court may order that the visitation be supervised by another person or an agency.
  • The court may order the perpetrator to pay a fee to defray the costs of supervised visitation.
  • The court may order the perpetrator to abstain from possession of alcohol or controlled substances both during the visitation and for 24 hours preceding the visitation.
  • The court may prohibit overnight visitation.
  • The court may require a bond from the perpetrator of domestic violence for the return and safety of the child.
  • The court may impose any other condition that is deemed necessary for the safety of the child, the complainant/survivor, or other family members.

(See: Family Violence: A Model State Code (1994), Sec. 405.)