Domestic violence charges are serious. In addition to potentially facing jail time and fines, a conviction for domestic violence can negatively impact your ability to obtain or maintain child custody. It is critical that you take any charges or accusations of domestic violence seriously and promptly respond to them with the help of an experienced lawyer.
What Is Domestic Violence?
Under California law, a domestic battery is committed when you willfully or unlawfully use force or violence on any of the following individuals:
- A spouse
- A former spouse
- A fiancé
- A dating partner
- A former dating partner
- A co-parent with you
It is important to note that you can be convicted of this offense even if you did not cause injury or pain to the alleged victim. Only “force” or “violence” against the individual is necessary to secure a conviction.
If you are convicted of this offense, you can be fined up to $2,000 and imprisoned in a county jail for up to one year. Additionally, your child custody rights can be adversely affected.
How Can A Domestic Violence Conviction Affect Child Custody?
When a California court is tasked with making decisions regarding child custody or visitation, it always considers what is in the “child’s best interests.” Among other factors, the court can consider whether there is any history of abuse that affects the child. A conviction is not even necessary for the court to consider allegations of domestic abuse.
It can consider evidence of abuse, such as:
- Police reports
- Child protective service reports
- Social welfare agency reports
- Other court documents
- Medical reports
- Nonprofit domestic violence services reports
Additionally, the court has a rebuttable presumption that it is not in the child’s best interests for you to have sole or joint custody if you have perpetrated domestic violence within the past five years. This means the court will assume it’s not best for your child to be in your sole or joint custody unless you can adequately convince them otherwise.
Additionally, an alleged victim of domestic violence can make things more difficult for you by obtaining an order of protection. With an order of protection, the alleged victim can have the court order that you not contact them in any way and that you maintain a distance from them. The alleged victim may be able to include the children in the order so that you have no contact with them, their home, their school, their place of work, or their vehicle.
Unfortunately, some people wrongly use such orders of protection to gain leverage during a family law proceeding and to have an accused abuser removed from a shared home. If you violate an order of protection, you can be jailed and face other serious consequences.
How Can A Family Lawyer Help?
Family lawyers are familiar with state laws regarding child custody and visitation. They can explain the law to you and how different things can affect your case.
Child custody cases are some of the most emotional and contested because the stakes are so high. Your relationship with your child is on the line. A family lawyer can advocate for your rights and vigorously defend them.
In some cases, it may be possible to mediate the issue and get the other parent to drop unfounded charges against you. In other cases, it may be necessary to litigate the case and show that you have not been abusive, and to contest such accusations against you.
If you have been convicted of domestic violence in the past, a family lawyer can work with you to overcome the presumption that child custody in your favor is not in your child’s best interests. By participating in a domestic batter’s course or completing individual counseling, you can show that you have changed and have the skills necessary to be a good parent.
Contact Bruce A. Mandel For Help With Your Child Custody Case
If you suspect that your ex might try to wrongfully accuse you of domestic violence in order to gain leverage in your child custody case, Bruce A. Mandel has more than three decades of experience in family law matters. He can quickly get to the heart of your case and determine a legal strategy that is tailored to your particular case. Call Bruce A. Mandel at (424) 250-9130 or on online to arrange a FREE confidential consultation. You can also get the latest updates about the firm and other California family law matters by following him on Facebook.
