A Domestic Violence Conviction Will Greatly Affect The Outcome Of A Child Custody Case
California Family Code section 3044 states that a parent who has committed acts of domestic violence towards the other parent and is seeking custody of the children must prove to the judge that custody with the perpetrating parent is in the best interest of the child. Testimony of one credible witness is enough to prove an act of domestic violence took place. The perpetrating parent who is seeking custody must then prove to the judge that the parent has completed programs, counseling, and/or classes that would help rehabilitate the parent.
A judge will look to see if the parent can prove that custody with that parent would be in the child’s best interest, and will look at several situations in determining this: if the parent is domestic violence perpetrator and/or has committed any further acts of domestic violence, has a history of alcohol and/or drug abuse, if the parent is on probation or parole whether the parent has complied with the terms of probation or parole, if the parent is restrained by a protective or restraining order whether the parent has complied with its terms and conditions.
In Sabbah v. Sabbah, a former wife obtained a domestic violence restraining order against her former husband, based on what the court called substantial evidence of the former husband’s domestic violence, including locking his former wife out of their apartment and using a potato peeler as a weapon against her. When the former wife was seeking a restraining order against him, the court held that he was not entitled to notice of the court of a rebuttable presumption aware of custody because he was a domestic violence perpetrator. The reason he was not entitled to the court’s notice of this was because he never contested custody of their children. The notice requirement is given only to parties in custody mediations.
It is important to hire an attorney that is aware of all possible benefits you should be entitled to in a child custody case. The Law Offices of Michael S. Carrillo will explore any and all options in order to get you the best results from your child custody case. Give us a call today for a free consultation and to see what he can do for you on your case. (626) 799-9375.