Californians from all walks of life can be victims or perpetrators of domestic violence. Often, domestic violence in a marriage is the final straw that leads a person to seek divorce.
Like other states, California has laws in place to protect victims of domestic violence and their children. By contrast, those accused of domestic violence need to be aware of these laws as well.
Unfortunately, sometimes people do exaggerate or even fabricate allegations of domestic violence to get an advantage in a child custody proceeding.
Also, there is room in the law even for those who have made serious mistakes to rebuild their relationships with their children.
Basically, if a court finds that a person has committed domestic violence, that person presumably should not receive either legal or physical custody. The court may still allow visits, but the court may also restrict these visits or require supervision.
When deciding if a person committed domestic violence, the court considers relevant criminal convictions or other evidence of domestic violence within the most recent 5 years. In other words, while a police or criminal record is important, a court can still find that a person committed domestic violence even if police were never involved.
Domestic violence can be either against the person’s spouse or the children in the household. Also, domestic violence can include non-contact behavior like destroying property or harassing or threatening the victim.
The accused can try to convince the court that they should still receive physical or legal custody. However, doing so may be an uphill battle.
When domestic violence is involved, people should know their options
A child custody case in which there are allegations of domestic violence means there is a lot at stake for those parents who live in or around the Calabasas community.
The wrong result could mean that an abuser has ongoing access to their victims. On the other hand, it could also mean a parent unnecessarily gets cut out their children’s lives.
The laws about how domestic violence impacts child custody are complicated. No matter which side one is on in the case, it is important for that person to know their rights and options.