What is “Domestic Violence” in California?
“Domestic violence” is defined by Cal. Fam Code § 6211 as “abuse” perpetrated by:
-spouse or former spouse
-“cohabitant” or former cohabitant, as defined by §6209
-person with whom the restrained person has or had a dating relationship
-person with whom the restrained person has a child
-other people under § 6211(e) and (f)
“Abuse” is defined by § 6203 as any of the following:
-intentionally or recklessly causing or attempting to cause bodily injury
sexual assault
-placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another
-stalking, threatening, harassing, telephoning (including annoying phone calls)
-destroying personal property
-direct or indirect contact (including by mail),
-or disturbing the peace of the other party. Cal. Fam Code §6320.
Therefore, committing domestic violence does not require physical contact. Conness v. Satram (Cal.Ct. App. 2004) 122 Cal.App.4th 197, 202.
Domestic Violence and Child Custody, Cal. Fam Code §3044
“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 a person who has perpetrated domestic violence is detrimental to the best interest of the child.” Cal. Fam Code § 3044(a); Celia S. v. Hugo H. (Cal. Ct. App. 2016) 3 Cal.App.5th 655. This presumption is mandatory. Id.
The DVRO does not have to be granted in order for the presumption (that sole or primary custody is not in the child’s best interest) under section 3044 to apply. The only requirement for §3044 to apply is: The Judge finds that an instance of domestic violence occurred within the previous five years.
Divorce310 has Expertise in Domestic Violence Restraining Orders
The process of completing and filing the paperwork, securing witnesses, questioning witnesses at the court hearing, and advocating for child custody (when applicable) can be difficult to navigate. Contact Divorce310 today by using our online form or calling David directly at (310) 420-9495.