Custody Cases With Domestic Violence
Domestic violence occurs more often than most people realize and affects many families in California. Domestic violence significantly impacts family law when the courts must rule over custody orders for divorcing parents or those parents involved in custody cases in which domestic violence is present.
In some cases, supervised visitation is the answer. In other situations, protective orders are necessary. Every case that involves domestic violence is unique, but every case is, at the same time, handled with care. When a case involves domestic violence, the law makes it clear what the outcome for custody orders should be.
Domestic Violence and California Family Law
When domestic violence is recognized in California Family Court, special precautionary measures are taken when awarding custody. Because of the psychological and emotional impact that exposure to domestic violence can have on a child, custodial decisions made in domestic violence cases are taken very seriously in California.
California Family Code 3044 prevents anyone who’s been convicted of domestic violence against anyone in their household, the child’s other parent, or the child within the last five years from being awarded joint or sole custody. Only under very strict criteria is there allowance to make an exception to this law.
A domestic violence fact sheet published by the Resource Center on Domestic Violence: Child Protection and Custody explains that domestic violence survivors are often involved in child custody cases against their abusers. Surviving victims who have legal representation generally have safer and better outcomes in their cases.
California courts are conscientious in ordering court-mandated treatment programs, visitation conditions, and batterer intervention programs in cases of domestic violence. These orders can have a significant and positive impact on these families, helping prevent the abuser from taking advantage of visitation, custody proceedings, and exchanges as opportunities to abuse.
Long-Term Effects of Domestic Violence
Studies show that the effects of domestic violence on children can have long-term and detrimental effects. According to a domestic violence non-profit based in Oregon, domestic violence has the potential to affect children in the following ways:
- Domestic violence is directly related to lower IQ scores and learning, attention, and memory problems.
- Children who grow up in a domestic violence situation are 74% more likely to commit a violent crime against someone.
- Children who are raised with exposure to domestic violence are six times more likely to commit suicide.
- Children who grow up in households with domestic violence are 50% more likely to have a drug and alcohol disorder.
Despite these negative statistics, study after study consistently leads to the conclusion that a child’s attachment to their non-abusive parent or caregiver is the most effective way to protect a child’s resilience and improve their development better than anything else. California courts understand this.
Supervised Visitation for Domestic Violence
While the law prevents parents with domestic violence backgrounds from having joint or sole custody, it does not prevent them from having supervised visitation with their child. Supervised visitation has become very popular. In many cases, judges order supervised visitation to take place at a center where professionals oversee the visit, and the parent and child can enjoy quality time together in a creative and comfortable setting.
Protective Orders
No matter how hard the courts try to facilitate the relationship between a child and their parent with a background of domestic violence, they must still ensure the safety of the child and their primary caregiver. Thus, when protective orders are enforced against a parent due to domestic violence against the child’s other parent or the child, supervised visits are not an option. Protective orders are generally handled by the Superior Court in the county where the victim or accused resides.
FAQs
Q: What Is the Cycle of Abuse?
A: Psychologist Lenore E. Walker identified the cycle of abuse in 1979. He described the cycle of abuse as a social cycle theory that makes sense of behavioral cycles recognized by repeated patterns in abusive relationships. He claimed the cycle could begin and end in just one day, or could take much longer to complete. What was assured, though, was that the cycle would recur.
Q: How Does Co-Parenting Work With a Restraining Order in California?
A: Because the child’s interest is paramount in California family court, there may be a way to supersede a domestic violence restraining order for the sake of visitation with the child. If the order includes the child, it will not be allowed. Requesting visitation with limitations, such as supervised visits, may influence the judge because the Family Court in California wants the child to have a relationship with both parents, if it is safe for all parties to do so.
Q: Does a Domestic Violence Restraining Order Fall Off Your Record?
A: In California, a domestic violence restraining order stays on your public record until you take the steps necessary to have your record cleaned of charges. Even after this process, which can take several months, charges can remain visible to some departments, such as law enforcement, and they may also still appear on employment background checks.
Q: What Can a Parent Do to Fix Domestic Violence in a Custody Case?
A: There’s no guarantee you can fix a domestic violence incident, especially when it comes to certain areas like child custody and visitation, It might help to complete the one-year state approved batterer intervention program, engage in long-term therapy, provide proof of a stable and safe home environment, and follow court orders for supervised visitation, and restraining orders.
The Model Code on Domestic and Family Violence, published by the National Council of Juvenile and Family Court Judges, addresses presumptions concerning custody, which California courts closely model. In cases where domestic violence has occurred, the court must weigh the options and consider the primary factor to be the safety and well-being of the child and their primary caregiver parent, who is also a victim of family violence.
If you need a family law attorney to assist you with your domestic violence custody case, Bickford Blado & Botros can help. Contact our experienced legal team to schedule a consultation.
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