Background
After a domestic incident in October 2024, Sha’lethea Jackson was arrested on a domestic-abuse-battery charge that was later declined for insufficient information. Days later, Jackson obtained a protective order against Travis Donahue, alleging he had choked and struck her and had a history of violence and alcohol abuse. A hearing officer found Donahue had a drinking problem and initially ordered supervised visitation.
In the ensuing divorce and custody case, Jackson sought sole custody under Louisiana’s Post-Separation Family Violence Relief Act, alleging physical, sexual, and alcohol-related abuse by Donahue. Donahue denied her allegations, asserted that Jackson was the violent parent, and sought joint or shared custody. The district court granted the divorce, awarded joint custody with Jackson as domiciliary parent, gave Donahue alternating-weekend visitation with the first four visits supervised by his father, and declined to apply the PSFVRA.
The Court’s Holding
The Second Circuit affirmed the refusal to apply the PSFVRA. The district court did not abuse its broad discretion in finding that the parties’ conflicting allegations and volatile relationship did not establish that either parent had caused serious bodily injury or had a history of perpetrating family violence. The existence of two protective orders against Donahue did not compel a contrary finding on this record.
Because the PSFVRA did not apply, its custody presumption and program-completion requirements did not govern. The appellate court also upheld joint custody and the limited initial supervision of Donahue’s visitation, finding the district court’s detailed best-interest analysis was not an abuse of discretion. It amended the judgment only to clarify that any costs assessed against Jackson must be assessed under the provisions governing her pauper status.
Key Takeaways
- Conflicting allegations and protective orders did not, by themselves, require application of the PSFVRA.
- The trial court retained discretion to order joint custody under the children’s best interests.
- Jackson’s pauper status barred requiring advance payment of any costs assessed against her under the applicable Louisiana statutes.
Why It Matters
The decision underscores the fact-intensive nature of Louisiana family-violence custody disputes. A PSFVRA ruling depends on proof of the statutory history of family violence, and appellate courts give substantial deference to the trial court’s credibility and custody findings.