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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Domestic Violence
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Domestic Violence and Child Custody
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California is a no-fault state for dissolution of marriage. However, evidence of domestic violence in a marriage can play a major role in decisions regarding child custody, visitation and support.
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Domestic Violence Defined
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Domestic violence is a very serious issue that lacks any certain definition. However, the National Council of Juvenile and Family Court Judges, defines domestic violence as "a dynamic between parents whereby one partner seeks to control the other through the use of abusive patterns of behavior that operate at a variety of levels of emotional, psychological, and physical." The Council acknowledges that "the presence of this abusive dynamic will always be relevant to the question of what custody or visitation arrangement will serve the best interests of any children shared by the adult parties."
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Presumption against Joint Custody
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In California, a legal presumption exists against awarding sole or joint custody to a parent who has committed domestic violence against the other parent. Unless the presumption is successfully rebutted, an award of custody to the abusing spouse is considered detrimental to the best interests of the children, and custody will not be awarded to that parent.
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It is possible to overcome the presumption against an award of sole or joint custody to those who have committed domestic violence. Evidence, such as the following, may be presented to overcome the presumption:
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- Successful completion of a batterers' treatment program;
- Successful completion of a drug or alcohol program;
- Successful completion of a parenting class;
- Successful completion of the terms and conditions of probation or parole;
- Compliance with the terms of any protective order or restraining order; and
- Evidence that the parent has not committed any further acts of domestic violence.
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Domestic violence can have a major impact on custody and visitation awards. As such, if the issue of domestic violence has arisen in your case, you need the guidance and assistance of a family law attorney experienced in handling such matters in California.
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Allegations of family violence are often complex. Whether you face mere allegations or domestic violence charges, it is important that you consult with an experienced attorney immediately. Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation.
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Q: What kind of behavior is considered domestic violence?
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A: Domestic violence can take a number of forms, including:
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- physical behavior (slapping, punching, pulling hair or shoving);
- forced or coerced sexual acts or behavior (unwanted fondling or intercourse, or sexual jokes and insults)
- threats (threatening to hit, harm or use a weapon);
- psychological abuse (attacks on self-esteem, attempts to control or limit another person's behavior, repeated insults or interrogation);
- stalking (following a person, appearing at a person's home or workplace, making repeated phone calls or leaving written messages); or
- cyberstalking (repeated online action or email that causes substantial emotional distress).
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Q: If I leave, how can I make sure the abuser won't come near me again?
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A: The most powerful legal tool for stopping domestic violence is the temporary restraining order (TRO). A TRO is a decree issued by a court that requires the perpetrator to stop abusing you. The order may require, for example, that the perpetrator stay away from the family home, where you work or go to school, your children's school and other places you frequent (such as a particular church). The order will also prohibit further acts of violence. Many states make it relatively easy for you to obtain a TRO. In California, the court clerk will hand you a packet of forms and will even help you fill them out. When you've completed your forms, you'll go before a judge to show evidence of the abuse, such as hospital or police records. Sometimes judges are often available to issue TROs after normal business hours.
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[More]
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 California Department of Health Services (CDHS)
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The CDHS Family Violence Referral Directory lists resources by county, including shelters/domestic violence programs, counseling services for victims, crisis hotlines, services for defendants, and legal service providers.
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Can the Law Help Protect Me From Domestic Violence?
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A State Bar of California pamphlet.
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[More]
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