Form Pkt-008 - Domestic Violence - Restraining Order With Children Packet Page 19
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23Domestic Violence and Child Custody
If you are involved in a family law case involving children and there has been
domestic violence, here is important information about a law that affects you.
Are there exceptions?
What is “child custody”?
Yes. The judge can give custody to the person who
There are two types.
committed the domestic violence. To do so, the
• Physical custody: Whom the child lives with
judge must consider whether:
• Legal custody: Who makes important decisions
• It is best for the child
regarding the child’s health care, education, and
• The person has:
welfare
– Completed a 52-week batterer’s program
– Not committed any other domestic violence
What is “domestic violence”?
• The person has obeyed court orders to:
It means to hit, kick, scare, throw things, pull hair,
– Complete an alcohol or drug abuse program or
push, follow, harass, sexually assault, or threaten to
a parenting class
do any of these things. It also includes other actions
– Follow all terms of probation or parole or a
that make someone afraid of being hurt. Domestic
protective or restraining order
violence can be spoken, written, or physical.
This law applies to any person seeking custody, not
How does the judge decide if there is
only a parent. To read the law, see California Family
domestic violence in my case?
Code section 3044 (attached). Other laws also apply.
The judge will treat your case as a domestic violence
case if, in the last 5 years,
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• A parent was convicted of domestic violence
For more information, contact:
against the other parent or
• Any court has decided that one parent committed
domestic violence against the other parent or the
children
Otherwise, the judge will decide based on all the
evidence in your case. The judge cannot decide
based only on the conclusions or recommendations
of Family Court Services staff or a child custody
evaluator.
What if the judge decides there is
domestic violence in my case?
If a court decides there is domestic violence (now or
in the past 5 years) against a parent or the children,
the judge must follow special rules to decide custody
of the children.
ADMINISTRATIVE OFFICE
Usually, the judge cannot give custody to the person
cannot give custody to the person
cannot
OF THE COURTS
who committed domestic violence. But the judge
CENTER FOR FAMILIES, CHILDREN
& THE COURTS
can give that person visitation.
California Courts Online Self-Help Center:
[New August 2004]
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