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Domestic Violence and Child Custody

DOMESTIC VIOLENCE AND CHILD CUSTODY If you have been a victim of domestic violence by your spouse, mother, or father of your children and you want to seek full custody, Family Code Section 3044 applies. §3044 Presumption against persons perpetrating domestic violence (a)    Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to be a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011.  This presumption may only be rebutted by a preponderance of the evidence.


(b)   In determining whether the presumption set forth in subdivision (a) has been overcome, the court shall consider all of the following factors (1)   The preference for frequent and continuing contact (2)   Perpetrator has completed a batterers program (3)   Perpetrator completed a drug or alcohol program if necessary (4)   Perpetrator has completed a parenting class (5)   Perpetrator has complied with terms of parole (6)   Perpetrator has complied with terms of restraining order (7)   Whether perpetrator has committed any further acts of domestic violence   Can I get a Restraining Order protecting my dog or cat? Yes, pursuant to Family Code Section 6320. Service of Restraining Order is covered by Family Code Section 6384. DEFENSES: Defending against a restraining order is important because they stakes are high.  A restraining order is put into Department of Justice (DOJ) databases as well as state and local law enforcement agencies.  A restraining order can prevent you from buying or owning guns.  It can affect your security clearance, job status, as well custody of your children.  Hiring an aggressive attorney to defend against a TRO is recommended because of the high stakes involved.

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