San Diego Custody Disputes - Domestic Violence
Domestic violence is unfortunately a wide spread issue - an issue that frequently pops up in San Diego Family Court cases. Now, what constitutes domestic violence is a topic for another day. This article will discuss the implications of domestic violence in an ongoing custody dispute.
To state the obvious, the State of California is interested in protecting children from the impact of domestic violence on minor children. Legislators have enacted California Family Code section 3044 as one way of doing this.
California Family Code section 3044 tells us that if there is a finding that a parent has been found to have perpetrated domestic violence against the other parent, the child, or another person belonging to a specific subset of people, then there is a presumption that placing the child in the perpetrator’s care is detrimental to the child’s best interest. Whenever a finding of domestic violence is made in Family Court and there are children involved in the case, the Court will admonish both parties of the impact of Family Code section 3044.
If a party who has found to have perpetrated domestic violence later seeks custody of their child, they can do so, but have an obligation to provide proof of additional factors as a way of showing that the child’s best interest is not in danger. Those factors, found in Family Code section 3044, are:
The perpetrator has successfully completed a batterer’s treatment program that meets the criteria outlined in subdivision (c) of Section 1203.097 of the Penal Code.
The perpetrator has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate.
The perpetrator has successfully completed a parenting class, if the court determines the class to be appropriate.
The perpetrator is on probation or parole, and he or she has or has not complied with the terms and conditions of probation or parole.
The perpetrator is restrained by a protective order or restraining order, and he or she has or has not complied with its terms and conditions.
The perpetrator of domestic violence has committed any further acts of domestic violence.
You can see that the factors are designed to get to the bottom of the question - can the judge safely place a child in this person’s care? In some cases, the answer might be yes; in some cases, the answer might be no.
Now, this is not the only implication that domestic violence has on a custody and visitation case, but it is important.
If you or someone you know is the victim of domestic violence, there are resources available to those looking for them. They might be domestic violence shelters and non-profit organizations providing services for victims.
If you have questions about how California law and how domestic violence impacts your San Diego custody and visitation case, don’t hesitate to speak with an attorney. Attorney Ross Matteson has experience and expertise in California Family Law. Call 619-784-6886 today to schedule your free consultation.