Article 43 in Domestic Violence Prevention Act in Taiwan says: "In the determination or change of any one to exercise or bear any right or duty for a minor as provided by law, the court may, based on the fact of domestic violence, construct that it is against the interest of the minor should the offender be appointed to exercise or bear any right or duty for the minor." Although this article has several positive effects, its assumption may not be fully supported under the perspectives of violence theory and child interest. In this research, the local empirical investigation and judicial statistics are also discussed. After the implementation of the Family Affair Act, we suggest the court should make better use of evidence survey for more full understanding of the context and nature of domestic violence in every case so that the custody decesion will be closer to the interest of children.