In California, domestic violence is more than a criminal offense. This legal issue has serious consequences, especially when it comes to divorce and child custody. 

When proceeding through a separation or custody battle while dealing with abuse, the impact of domestic violence on custody and divorce proceedings in California can be substantial. Here is what you need to know to handle these emotionally charged situations.

What Is Considered Domestic Violence in California?

Under California law, domestic violence does not only involve physical harm. This can include:

• Emotional abuse
• Threats
• Harassment
• Stalking
• Financial control 

These acts are committed by someone with whom the victim has an intimate or familial relationship. That can mean a spouse, domestic partner, co-parent, or dating partner.

California’s Family Code Section 6200 and the Domestic Violence Prevention Act allow courts to issue restraining orders and take steps to protect survivors. When these legal protections are issued, they can affect the outcome of divorce and custody cases.

Abuse Can Shape the Divorce Process

A divorce is an already difficult process. When domestic violence is involved, it can put added stress on the proceedings. Here are some ways that it can affect the process:

Spousal Support and Division of Assets

California is a community property state. That means marital assets are split 50/50. However, if there is evidence of domestic violence, especially if it involves a criminal conviction, the court can make exceptions. 

For example, under Family Code Section 4320, judges will consider documented abuse when deciding whether one spouse should pay alimony to the other. In some cases, a DV survivor may receive more spousal support. On the other hand, a violent spouse may be denied support.

Abuse can also impact the division of property. If the abusive spouse drained joint accounts or financially manipulated the survivor, the court can compensate the harmed spouse by awarding a larger share of assets.

Protective Orders During Divorce

In many cases, survivors request a Domestic Violence Restraining Order (DVRO) at the same time they file for divorce. These orders do more than keep an abuser away. They can:

• Grant temporary child custody
• Order the abuser to move out of the family home
• Control financial decisions while the divorce is pending

Custody Decisions

California courts will use the “best interest of the child” standard under Family Code Section 3011 when children are involved. Domestic violence will weigh heavily on any decision.

If a parent has committed domestic violence against the other parent or the child in the last five years, California law states that granting custody to that parent is not in the child’s best interest. This means the abusive parent has to prove that giving them custody is safe.

Supervised or Restricted Visitation

Even if a parent does not lose all custodial rights, their visitation may be restricted. Courts may require:

• Supervised visitation
• Therapy
• Parenting classes
• Drug or alcohol treatment 

This may need to be done before allowing regular parenting time. Sometimes, the court may prohibit visitation if it determines that any contact would endanger the child.

Proceeding Through the Legal System as a Survivor

Unfortunately, many abusers will try to manipulate the legal process. They will file excessive motions, refuse to comply with court orders, or use custody as leverage. California courts are aware of these tactics. As a result, survivors are encouraged to speak with their attorneys about ongoing patterns of coercion and control.

California law also allows courts to award attorney’s fees in cases where one party has been abusive or is attempting to use the court system to harass the other. This can help level the playing field for survivors who cannot afford legal representation.

Let Us Guide You on the Path Toward Protection and Stability

Now that you know the impact of domestic violence on custody and divorce proceedings in California, you can take steps forward. California’s family courts are focused on ensuring the safety and stability of all parties, especially children. Legal protections, resources, and support systems are available. You will want to reach out to an experienced family law attorney.

If you are looking for more guidance during this trying time, Roberts & Zatlin Family Law Firm is here to help. We will make you and your family our top priority. Contact us today or call (951)-381-8147. Your first consultation is free and confidential. Schedule a consultation today.