You are worried, and rightfully so. A domestic violence charge casts a long shadow, but its most painful effect may be on your relationship with your children.
Facing an uncertain future and the possibility of losing time with them, you want to know how a domestic violence charge affects child custody and what steps to take. Here is how California law addresses these issues—and how the right legal guidance can make all the difference.
California’s Standards for Custody in Domestic Violence Cases
In California, courts place the child’s best interests at the forefront, especially in custody cases where domestic violence is alleged. According to California Family Code section 3044, the law assumes that awarding custody to a parent accused of or convicted of domestic violence is not in the child’s best interest. Family courts will prioritize the child’s safety when arranging custody to prevent potential harm.
However, this presumption can be overcome in certain situations, depending on factors like:
- The severity and frequency of the incident,
- Any rehabilitative actions taken, and
- The evidence presented.
Working with an experienced domestic violence attorney in San Diego County can help you present a strong case to dispute or lessen the impact of this presumption.
How Does a Domestic Violence Charge Affect Child Custody and Visitation?
The impact of a domestic violence charge on custody and visitation is not automatic. Let’s look at how a domestic violence charge may influence different types of custody.
Legal Custody
This type of custody involves the right to make significant decisions about your child’s upbringing, such as education, health care, and religion. If one parent has a domestic violence charge, the court may restrict or deny legal custody to ensure the child’s welfare.
Physical Custody
Physical custody determines where your child lives. In cases where the court finds the charge credible, they may grant sole physical custody to the non-accused parent to protect the child from exposure to potential harm.
Visitation Rights
Even if a parent loses custody or has a protective order against them, they may still retain visitation rights. However, courts may impose supervised or virtual visitation conditions to ensure the child’s safety, especially if the charge involves serious allegations.
Domestic violence charges involving physical harm, especially in the child’s presence, are likely to influence custody decisions more heavily. Additionally, if the court finds that a charge is supported by solid evidence, they may limit that parent’s access to the child for safety reasons.
In all cases, working with experienced San Diego County domestic violence lawyers can help you understand your options and build a defense. An attorney can provide essential legal strategies to challenge the presumption and advocate for your parental rights based on your specific circumstances.
Overcoming the Custody Presumption in Domestic Violence Cases
While California’s legal framework favors protecting children, there are instances where the accused parent can overcome the presumption against custody. Demonstrating that you have taken significant steps to address concerns surrounding the charge can influence the court’s decision. Courts may consider factors like:
- Completion of a batterer’s intervention program—completing such a program shows the court that you are committed to making changes and prioritizing your child’s well-being;
- Evidence of rehabilitation—counseling, therapy, or anger management courses can demonstrate your commitment to addressing issues related to the charge; and
- Character witnesses and testimonials—family members, counselors, or community members may describe your character and commitment to positive change.
Seeking guidance from our experienced San Diego County domestic violence lawyers can help gather and present the proper evidence. Demonstrating your commitment to rehabilitation and stability improves your chances of retaining a meaningful relationship with your children.
The Role of Evidence in Defending Custody Rights
Evidence plays a vital role in disproving the charge or minimizing its impact on your custody rights. Examples of useful evidence include:
- Documentation of events. Gather any records that contradict or contextualize the incident, such as witness statements, text messages, or other documentation. These items can help clarify your perspective and version of what transpired.
- Police reports. If the incident was reported inaccurately or if other witnesses were involved, police reports can offer insights that support your defense.
- Character references. Trusted people who can attest to your character and parenting abilities can offer insights into your character. This type of illumination may help the court see a fuller picture of your situation.
The strength and relevance of the evidence presented are critical to influencing the court’s decisions. Having a skilled lawyer by your side allows you to create a customized strategy that protects your parental rights.
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Frequently Asked Questions
Possibly. You can challenge California’s presumption against awarding custody if you demonstrate that granting custody aligns with the child’s best interests. It also helps if you can show evidence of rehabilitation or changed circumstances.
Will a Restraining Order Affect My Child Custody Case?
Yes. Restraining orders typically signal to the court that protective measures are necessary, which can directly affect custody decisions. If you are subject to a restraining order, a judge may be more inclined to limit your custody or visitation rights to safeguard your child.
How Long Does the Custody Presumption Last in California?
Under California law, the presumption against awarding custody due to a domestic violence charge lasts for five years. However, if you provide substantial evidence of rehabilitation and responsibility, the court may adjust the terms before this period concludes.
Can a Domestic Violence Charge from Years Ago Affect My Custody Case?
Yes, past domestic violence charges can be considered, especially if they indicate a potential pattern. However, courts are more likely to focus on recent incidents.
Can I Regain Custody If I’ve Lost It Due to a Domestic Violence Conviction?
Regaining custody is possible, particularly if you can demonstrate a long-term commitment to behavioral improvement and a stable, safe environment for your child.
Take Charge of Your Future with Compassionate Legal Guidance
At The Law Offices of Kerry L. Armstrong, APLC, we know how critical your relationship with your child is—and how overwhelming these accusations can feel. Protecting your relationship with your children is your priority, and it’s ours too.
Our experienced San Diego County domestic violence lawyers have decades of experience advocating for parents facing these challenging accusations. With dedicated legal support, you can take control of your future and fight for the chance to remain a consistent, loving presence in your child’s life.
Let us help you. Contact us today to discuss your case, understand your options, and build a defense prioritizing your parental rights.
Where You Can Find Our San Diego Office
Resources:
- Domestic Violence and Child Custody. California Courts. Link
- Cal. Fam. Code section 3011, link
- Domestic violence and child custody. California Courts, link
- California Custody. Women’s Law. link
Kerry L. Armstrong
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