Posted in Child Custody, Divorce, Parental Rights, Spousal Support
Domestic violence has significant implications for custody and family law cases in California. Understanding how these cases are handled by the courts is crucial for anyone involved in or seeking information about custody proceedings where domestic violence is a factor. Our Manhattan Beach, CA family lawyer who is part of the American Academy of Matrimonial Lawyers is here to share their experience working within the framework during family law cases with domestic violence.
California’s Legal Framework
California law provides clear guidelines for handling domestic violence in family court cases. Under Family Code Section 6211, domestic violence encompasses abuse against spouses, former spouses, cohabitants, dating partners, and persons with whom the abuser has had a child. This includes physical violence, sexual abuse, threats, harassment, stalking, and destruction of personal property.
The foundation of all custody decisions in California is “the best interest of the child.” When domestic violence is involved, Family Code Section 3044 establishes specific legal presumptions:
- A finding of domestic violence within the past five years creates a presumption against awarding custody to the abusive parent
- The burden of proof rests with the perpetrator to show why they should receive custody despite the domestic violence history
- Courts must consider any history of abuse, whether directed at the other parent, the children, or others in the household
Evidence In Domestic Violence Cases
California courts require clear and convincing evidence to support domestic violence allegations. Common forms of evidence include:
- Domestic Violence Restraining Orders (DVROs)
- Police reports and arrest records
- Medical records documenting injuries
- Photographs of injuries or property damage
- Text messages, emails, and voicemails
- Witness statements and testimony
- Child Protective Services reports
- Criminal protective orders
- Certified records of domestic violence convictions
Effects On Custody And Visitation
When domestic violence is proven, courts typically order specific arrangements to ensure safety and accountability for the physical side of things but also for the emotional impact these cases have:
- Supervised visitation through professionally certified providers
- Completion of California’s 52-week batterer intervention program
- Mandatory parenting classes
- Substance abuse treatment if applicable
- Child support following California guidelines
- Designated custody exchange locations, often at police stations or supervision centers
Types Of Protection Orders
California offers several forms of protective orders:
- Emergency Protective Orders (EPOs): Valid for up to seven days
- Temporary Restraining Orders (TROs): Granted pending a full hearing
- Domestic Violence Restraining Orders (DVROs): Can last up to five years and are renewable
- Criminal Protective Orders: Issued in criminal domestic violence cases
These orders work in conjunction with custody arrangements to ensure safety while maintaining appropriate parent-child contact when safe to do so.
Property And Financial Considerations
Domestic violence can affect various financial aspects of family law cases:
- Courts may consider domestic violence when dividing assets and debts
- Domestic violence convictions can influence spousal support decisions under Family Code Section 4325
- Victims may receive reimbursement from community property for domestic violence-related expenses
- Courts can order payment of attorney fees to ensure victims have access to legal representation
Modern Safety Measures
Courts have adapted to address contemporary forms of abuse through:
- Court-approved communication platforms for co-parenting
- Protocols for virtual visitation when appropriate
- Guidelines for social media and digital communication
- GPS monitoring in high-risk cases
- Emergency communication procedures
Support Services And Resources
California provides numerous resources for families affected by domestic violence:
- California Partnership to End Domestic Violence
- Local domestic violence shelters and advocacy organizations
- County victim witness assistance centers
- Family court services and mediators
- Court-approved supervised visitation providers
- California child support services
Mediation Requirements
California has specific provisions for mediation in domestic violence cases:
- Victims have the right to separate mediation sessions
- Support persons may attend mediation
- Remote participation options are available for safety
- Mediation may be deemed inappropriate in severe cases
Recent Developments
California continues to enhance protections for domestic violence survivors and their children through:
- Enhanced training for custody evaluators regarding domestic violence
- Expanded definitions of abuse to include coercive control
- Stronger enforcement of custody and visitation orders
- Improved coordination between family and criminal courts
Understanding these legal protections in this type of family law is essential for anyone involved in a California family court case involving domestic violence. Early documentation, proper utilization of available resources, and understanding of legal rights and obligations can significantly impact case outcomes. The primary focus remains on ensuring the safety and well-being of all parties involved, particularly the children. If you are in need of help with a case like this, contact Skarin Law Group where our lawyers have received a 10.0 Superb rating from Avvo for working with cases just like yours.
