Domestic Violence

How does domestic violence impact child custody and visitation in California?

Published on: June 28, 2024 | by Bay Area Family Law Center

Parents will typically go out of their way to ensure that their children feel safe and secure. Family law disputes can often become contentious, though, and it is unfortunately not uncommon for parents arguing over child custody to engage in actions that constitute domestic violence. If you share custody of your child and you have concerns about your parental rights or the protection of your child, it is wise to contact a Bay Area child support lawyer to determine your options. In the meantime, you can read on to learn more about how domestic violence impacts child custody and visitation in California.

How does domestic violence impact child custody and visitation in California?

In California, the impact of domestic violence on child custody and visitation is addressed under the state’s family law statutes, particularly California Family Code Section 3044. This section establishes a strong presumption against granting custody to a parent who has been found to have committed domestic violence against the other parent, their child, or the child’s siblings within the past five years. This presumption reflects the legal principle that exposure to domestic violence can be detrimental to a child’s physical and emotional well-being.

When domestic violence is alleged or proven, the court must take specific actions to protect the child. This includes conducting a thorough examination of the facts surrounding the domestic violence incidents, considering factors such as the severity, frequency, and recency of the violence. The court will also assess any actions taken by the offending parent to address their behavior, such as completion of a batterer’s treatment program or counseling. These factors are crucial in determining whether the presumption against custody should be rebutted, meaning the offending parent must demonstrate by clear and convincing evidence that granting them custody is in the child’s best interest despite the domestic violence history. Continue Reading ›

California Court Discusses Domestic Violence Allegations in Divorce Cases

Published on: September 29, 2022 | by Bay Area Family Law Center

Typically, when evaluating requests for spousal support or modifications of existing obligations, the courts will look at each party’s income and needs and the costs of maintaining the child’s standard of living. They are not limited to these factors, though, but may consider other relevant issues as well. For example, as demonstrated in a recent California ruling, they may assess whether either party has engaged in domestic violence. If you have questions about how domestic violence allegations may impact your rights with regard to divorce or spousal support, it is wise to meet with a Bay Area family law attorney as soon as possible.

Procedural Background of the Case

It is alleged that the parties were married for 23 years before the husband filed a petition for dissolution in 2016. The husband was the main income earner during the marriage, and the parties accumulated substantial wealth, including an eight-figure estate. They had four daughters during their marriage. In April 2017, when two of the daughters were still minors, the parties entered into a stipulation in which the husband agreed to pay the wife $45,000 in spousal support and $5,000 in child support each month. At that time, the husband earned over $2.25 million per year.

Reportedly, in February 2018, the husband sought a modification of his support obligation after his bonuses, which made up the majority of his income, were suspended. The court granted the motion and reduced his support obligation to approximately $5,000 per month. In May 2020, the wife moved for an increase in her spousal support to $54,000 per month. The husband opposed the motion and, in doing so, asked the court to consider the wife’s history of domestic violence. In support of his assertions, he submitted declarations from three of his daughters recounting repeated acts of abuse. The court ultimately found that the wife committed numerous severe acts of domestic violence and that it was equitable that she receive no more than necessary to maintain home and hearth. As such, it ordered the husband to pay approximately $4,000 per month. The wife appealed. Continue Reading ›

California Court Discusses Domestic Violence in Custody Cases

Published on: February 28, 2022 | by Bay Area Family Law Center

In California, the main concern of the courts in any child custody proceeding is what is in the child’s best interest. This means, among other things, that the court will assess whether one or both parents have a history of engaging in domestic violence. If they do, the court will assume that it will not benefit the child to live with the parent. The presumption is rebuttable, though, as discussed in a ruling recently issued by a California court. If you are faced with a custody dispute and have concerns about domestic violence, it is prudent to meet with a California child custody lawyer to discuss your options.

Factual and Procedural Background of the Case

It is alleged that the wife and the husband married and then had two minor children together. The wife subsequently filed a lawsuit requesting a divorce. Concurrently, she filed a petition for a DVRO (domestic violence restraining order) against the husband in a separate case. The DVRO petition was dismissed, however, due to her failure to serve the petition on the husband. The trial court then granted a divorce by default and awarded the wife sole custody of the minor children.

It is reported that the wife then moved to Utah with the children, after which the husband filed a motion to set aside the default on the grounds that he was unaware of the divorce action. The wife then filed a request for a DVRO in a court in Utah and offered evidence that the husband engaged in years of abuse against her. The Utah court granted the wife’s request and issued a temporary DVRO, while at the same time, the California court granted the husband’s motion to set aside the default and granted him joint custody. As such, the wife appealed. Continue Reading ›

Recognizing the Signs of Child Abuse

Published on: November 30, 2021 | by Bay Area Family Law Center

While most parents want the best for their children and strive to provide them with safe and loving environments, others, unfortunately, engage in behavior that causes their children to suffer physical, emotional, and psychological trauma. When parents share custody of a child, they may not always be aware that their co-parent or someone in their household is mistreating their child. As such, it is critical for parents to increase their awareness of subtle indicators of harm so that they can recognize the signs of child abuse. If you believe your child is being harmed by your co-parent or a member of their family or household, it is in your best interest to consult a dedicated California domestic violence attorney to determine your options.

Recognizing the Signs of Child Abuse

Children who are being abused often present with signs of harm throughout their bodies. In other words, they may frequently have broken bones or cuts, scratches, or contusions on their bodies and faces. While many children sustain minor bruises or scrapes when they play, children that are being abused often suffer such bodily harm on a more frequent and extensive basis.

Children who are subject to abuse often become withdrawn as well, which is sadly usually attributed to “moodiness” rather than a symptom of harm. They may also become anxious or angry and may lash out at people other than their abusers. Many victims of child abuse suddenly begin performing poorly in school or lose interest in activities they previously enjoyed. Continue Reading ›

Recognizing the Signs of a Domestic Violence Situation in California

Published on: April 9, 2021 | by Bay Area Family Law Center

It is an unfortunate reality that many people living in California are victims of domestic abuse. Some survivors are reluctant to share their stories with others for fear the violence may become worse, and the signs of abuse are often subtle, especially if people are not aware of what to look for. As such, it is critical for people to know how to recognize the signs of domestic violence and what steps they can take to help themselves or other victims of abuse. If you or someone you know is being harmed by a family member or former domestic partner, it is prudent to speak to a seasoned California domestic violence attorney to assess your options.

Recognizing the Signs of Domestic Violence

Many of the signs of domestic violence are physical. For example, bruises on the face or body, broken bones, lacerations, and scratches may all indicate that a person is being abused, especially if they occur repeatedly. Victims often wear clothing that covers their wounds, like long sleeves and pants, regardless of the weather.

Domestic violence can cause psychological and mental symptoms as well. For example, victims of abuse are often agitated and apprehensive. They may also develop substance abuse issues. In many instances, they become anxious or depressed and lose interest in daily activities and hobbies. They are also frequently irritable and on-edge. In many instances, the abuser will be very controlling and will not let the victim go anywhere alone or have separate resources like cars, bank accounts, or phones. Abusers often isolate their victims from friends and family as well. Continue Reading ›

California Court Discusses Demonstrating Judicial Bias in a Family Law Case

Published on: December 3, 2020 | by Bay Area Family Law Center

Domestic violence is a serious problem affecting many residents of California. Thus, the law allows victims of domestic violence to seek restraining orders preventing them from suffering further harm. Prior to granting an order, the court will hold an evidentiary hearing to determine if there is sufficient evidence of violent acts against a person so as to warrant a restraining order. Judges are required to issue rulings based on the evidence alone and cannot impart their opinions on the matter. As such, if a judge demonstrates bias during a domestic violence hearing, it may constitute grounds for a reversal. The evidence needed to demonstrate bias was the subject of a recent California ruling in which both parties accused each other of domestic violence. If you are the victim of abuse by a romantic partner or family member, it is prudent to meet with a skilled California domestic violence attorney regarding your rights.

The Hearing and Subsequent Ruling

It is reported that in the spring of 2019, the wife filed a request for a domestic violence restraining order against the husband. A month later, the husband filed a request for a domestic violence restraining order against the wife. The court issued temporary orders retraining both parties and scheduled a hearing for cause. During the hearing, the wife testified in detail regarding numerous acts of abuse over the course of two years. The judge issued an order against the husband but declined to issue an order against the wife. The husband appealed, arguing that the judge demonstrated bias.

Demonstrating Bias in a Family Law Case

Under the California Domestic Violence Prevention Act, a court may issue an order restraining any person to prevent domestic violence from recurring and ensuring a separation between the parties involved if the party seeking the order presents reasonable proof of past acts of abuse. Abuse is defined as an act that causes a person to have a reasonable fear of imminent serious bodily harm. It also includes conduct that is enjoined by other statutes such as sexual assault, battery, and molestation.

California Court Discusses Mutual Domestic Violence Restraining Orders

Published on: October 8, 2019 | by Bay Area Family Law Center

It is not uncommon for a couple in the process of divorcing to become contentious, and in some cases, contention can lead to violence. Frequently, both parties commit acts of domestic violence, and therefore, the California courts are permitted to enter mutual domestic violence restraining orders. In the recent case of Manishkumar and Ankola decided by the Court of Appeal of the Sixth District of California, the court discussed when a court has the authority to issue a mutual restraining order. It is prudent to meet with a skilled California family law attorney if you have been accused of domestic violence or are a victim of domestic violence.

Factual and Procedural Background

In the case, the husband and wife married in June of 2014, but their relationship quickly deteriorated. The husband filed a petition to nullify the marriage in December of 2015, alleging that the marriage was fraudulent. The wife filed numerous requests for domestic violence restraining orders against her husband. One of the orders was granted, and the court issued a domestic violence restraining order with a five-year duration against the husband. Then, in August of 2017, the husband filed a request for a domestic violence restraining order against his wife. The wife filed a written response to the husband’s request in which she denied her husband’s allegations, but she did not file her own request.

It is alleged that in February of 2018, a hearing was held on the matter. Husband and wife both testified regarding various acts of domestic violence each party committed. Following the hearing, the court stated it was going to issue a finding that each party committed acts of domestic violence, and enter a mutual restraining order. Thus, the court entered a restraining order against both husband and wife. The husband appealed.

California Court Defines “Dwelling” For Purposes of Restraining Orders

Published on: April 1, 2019 | by Bay Area Family Law Center

While many people mistakenly believe that domestic violence is a problem that only affects younger people, it is an unfortunate fact that domestic violence can and does occur in every facet of society. If a court finds a party’s claims of domestic violence credible, it will typically draft a domestic violence restraining order limiting contact based on the unique circumstances of the case. In some cases, the meaning of the terms of the order may not be clear due to extenuating factors. This was evidenced in a recent domestic violence case in which the court addressed the meaning of the term “dwelling” with regards to restrictions imposed on an elderly divorced couple that lived in the same building. If you or a loved one are the victim of domestic violence or you have been accused of domestic violence it is important to consult a knowledgeable California family law attorney as soon as possible to handle your case.

Reportedly, the former husband and former wife were an elderly couple that continued to live in the same apartment building after dissolving their marriage. Their relationship was especially contentious, and they routinely engaged in legal action against one another. In this particular instance, the husband requested an elder abuse restraining order and the wife requested a domestic violence restraining orders against the husband, due to various alleged acts of abuse.

Following a hearing, the court granted both the husband’s and the wife’s request. The order against the wife stated that the wife was prohibited from entering the husband’s dwelling. The husband subsequently appealed the trial court ruling. He argued, in part, that the trial court erred in defining his “dwelling” as his apartment unit and not the entire building. The court rejected the husband’s arguments and denied his appeal.

Checklist of Forms Required to File For or To Defend Against a Domestic Violence Restraining Order In Contra Costa County

Published on: March 13, 2019 | by Bay Area Family Law Center

DVRO CHECKLIST (CURRENT AS OF 12/1/2019)

I. FORMS FOR APPLYING FOR A DOMESTIC VIOLENCE RESTRAINING ORDER IN CONTRA COSTA COUNTY

The following forms are mandatory for applying for a Domestic Violence Restraining Order, unless specified as optional below. Please be sure to read each item on the below checklist. Please go to the following website to obtain the forms, or you may go to google.com and type in the form numbers to obtain forms.