How Domestic Violence Affects Custody in Orange County

In the state of California, domestic violence refers to instances when a person causes physical and emotional injury as well as when the said individual assaults a person sexually or place them in danger of imminent bodily harm. Domestic Violence Law in Orange County also constitutes behavior concerning but not limited to threats to a person, beating, harassing, destroying personal property or instances that disturb a person's  or the community's peace.  

Domestic violence and custody cases

A child custody case is considered as domestic violence case if a parent is convicted of domestic violence against another parent within the past 5 years or when the judicial system determines that a guardian is involved in instances of domestic violence against another parent or against the children involved.  In such cases, the court will almost always negate joint or sole custody of the perpetrator involved in causing the domestic violence.  In such cases, the best outcome the person behind the violence can hope to achieve is to receive visitation rights.  

Exceptions to the rule

The person that commits the domestic violence generally does not receive any custodial rights to the child or children concerned.  It is typically up to the judge to determine what scenario is in the best interest of the minor. Additionally, if the offender completes a batterer's program that lasts 52 days and when he or she completes a drug or alcohol program or a parenting class, the judge will consider such factors before making a decision. Furthermore, if the offender has a track record of domestic violence or if they refuse to follow the terms of a protective restraining order, parole of probation, the judge will consider such factors before making his ruling.

If an offender exhibits that he or she has not been involved in cases of domestic violence in the last five years, the judge in charge will make a decision based on the evidence presented in the case.  Examples of evidence scenarios that may affect the nature of such a case include evidence of physical abuse, pending criminal cases and whether the domestic violence was in itself directed at the child or minor.

Steps to take immediately

Where a person is dealing with issues of domestic violence, the first step to take would be to safeguard the safety of the child concerned.  If you feel that the minor is in direct danger, one should visit the police station immediately or go to court to receive an emergency protective order that allows you to maintain custody of the child or an order that requires the violent spouse to stay away from you and your baby.