Navigating Domestic Violence in California Family Court

For survivors of domestic violence, the family court system can be both a source of protection and a source of anxiety. This article provides a comprehensive overview of how domestic violence affects family law cases, including custody determinations, restraining orders, and divorce proceedings.

Understanding Domestic Violence Under California Law

Fam. Code §6203 defines domestic violence as abuse perpetrated against any of the following persons: a spouse or former spouse, a cohabitant or former cohabitant, a person with whom the respondent is having or has had a dating relationship, or a person with whom the respondent has had a child. Abuse includes intentional or reckless causing or attempting to cause bodily injury, sexual assault, placing a person in reasonable apprehension of imminent serious bodily injury, and other behaviors including molesting, attacking, striking, stalking, threatening, battering, or harassing.

Types of Protective Orders in California

Emergency Protective Order (EPO)

Fam. Code §6251 An Emergency Protective Order can be issued by law enforcement at the scene of a domestic violence incident. It takes effect immediately and lasts 5 to 7 calendar days or until a court hearing can be held. EPOs provide immediate protection while the survivor seeks a longer-term order.

Temporary Restraining Order (TRO)

A Temporary Restraining Order is issued by a court after the survivor files a petition. TROs typically last until a full court hearing can be held, usually within 21 days. The court can issue a TRO based solely on the survivor's declaration without the abuser present.

Domestic Violence Restraining Order (DVRO)

After a full court hearing where both parties have the opportunity to present evidence, the court may issue a Domestic Violence Restraining Order. Fam. Code §6345 allows DVROs to remain in effect for up to five years and can be renewed if necessary.

How Domestic Violence Affects Child Custody

One of the most significant impacts of domestic violence in family court is on child custody determinations. Fam. Code §3044 creates a powerful presumption against awarding custody to a parent who has perpetrated domestic violence.

To rebut the presumption, the court must find all of the following:

• The perpetrator has completed a 52-week batterer intervention program
• The perpetrator has completed substance abuse counseling if applicable
• The perpetrator has completed parenting classes if applicable
• The perpetrator is not on probation or parole
• The perpetrator has not committed further acts of domestic violence

Documenting Domestic Violence

Documentation is crucial in domestic violence cases. Important evidence includes:

• Police reports and incident numbers
• Medical records documenting injuries
• Photographs of injuries or property damage
• Threatening text messages, emails, or voicemails
• Witness statements
• Journal entries with dates and details
• Records of shelter stays or counseling

Safety Planning

Creating a safety plan is essential for survivors. Key elements include:

• Identifying safe places to go in an emergency
• Keeping important documents accessible
• Having a packed bag ready with essentials
• Establishing a code word with trusted contacts
• Knowing how to contact emergency services
• Securing financial resources

Domestic Violence and Divorce

Domestic violence can affect various aspects of divorce proceedings. Courts may consider domestic violence when determining spousal support under Fam. Code §4320, and the emotional impact of abuse may be considered in property division in some circumstances.

Resources for Survivors

California offers numerous resources for survivors of domestic violence:

• National Domestic Violence Hotline: 1-800-799-7233
• California Partnership to End Domestic Violence
• Local domestic violence shelters and advocacy organizations
• Court-based self-help centers
• Legal aid organizations

Conclusion

Navigating family court as a survivor of domestic violence can be overwhelming, but understanding your rights and the protections available under California law empowers you to seek safety and justice. At By The Law Group APC, we are committed to advocating for survivors and helping them protect themselves and their children through the legal system.

Need legal help? Visit our dedicated domestic violence attorney page for full information on how we can assist you.