California Family Code Section 3044 governs cases concerning the intersection of domestic violence, restraining orders, and child custody. In terms of Domestic Violence & Child Custody, Section 3044 essentially prevents a court from making an award of sole or joint child custody to a parent that has been found to have engaged in acts of domestic violence within the past five years unless that parent rebuts the presumption against them having custody.
Additionally, a restraining order that names the parties’ children as protected parties dramatically impacts what a court can and cannot do when making orders related to child custody. If you and your children are victims of domestic violence, having a knowledgeable attorney to guide you through the process is vital.
This means the parent accused of domestic violence is obligated to demonstrate to the court that an award of custody to them is in the child’s best interests, despite the perpetration of domestic violence. This obligation isn’t something to take lightly, as the impact can and does have far reaching consequences for all parties involved.
In other words, individuals who a court determines have engaged in acts of domestic violence can’t receive custody of their children during custody disputes, unless that individual can successfully prove they didn’t commit the acts of domestic violence in question, or that they should be awarded custody regardless of the acts they committed.
Courts consider several factors when deciding whether someone who’s committed an act of domestic violence should receive custody of children:
The answers to these questions, and how the court perceives them, can dramatically affect the outcome of child custody cases where domestic violence is present. If you are seeking to prevent an ex from seeking custody due to domestic violence, or are being accused of domestic violence yourself, you should contact a lawyer immediately. At Cianci Law, PC, our Roseville domestic violence and child custody attorneys can help you navigate your case.
Child custody in California may be affected by domestic violence under California Family Code 3044. The law applies if either parent:
Cases that involve issues of domestic violence often become increasingly complex when children are involved. Whether you are seeking an order of protection or are defending against a restraining order yourself, having reliable legal counsel at your side is a must. The attorneys at Cianci Law, PC, have a solid background and history in navigating these complex issues.
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