Experiencing domestic violence leaves you anxious about your future and, when there are also children involved, how you can keep your children safe. Knowing how domestic violence and child custody in Orange County are handled allows you to make a plan to protect your children and yourself from future abuse.
Hire a Domestic Violence Lawyer
Having an experienced Orange County family law firm on your side can make all the difference when seeking child custody after experiencing domestic violence. Dorie A. Rogers, APC, has helped domestic violence survivors for over 30 years. Our firm understands the dangerous position you are in when trying to leave your abuser. When you hire a domestic violence lawyer, you also gain an advocate who can fight for your interests and safety.
Domestic Violence in California
Domestic violence is a serious issue that can have profound effects on victims and children who witness abuse. In Orange County, domestic violence cases and petitions for restraining orders are heard at the Lamoreaux Justice Center at 341 The City Drive South, Orange, CA, 92868.
The Public Policy Institute of California has tracked domestic violence rates since 2001. Findings indicate that rates of domestic violence are decreasing, but the nature of domestic violence calls is becoming more violent. For 2023, the data shows:
- A total of more than 160,000 domestic violence-related police calls
- Police receive 18 calls about domestic violence per hour
- Calls are down from 23 calls per hour in 2001
- More than 50% of domestic violence calls involved aggravated domestic assaults
- Aggravated domestic assaults have increased from 35% in 2019
How Orange County Judges Determine Child Custody Cases
Family law judges have discretion in child custody cases to determine custody based on the best interests of the child. However, judges still have to justify the decisions they make. To determine what is in the best interests of the child, judges consider various factors. These factors include:
- The child’s health, safety, and welfare
- If there is a history of abuse by either guardian
- The amount and quality of contact the child has with either guardian
- Use of controlled substances by either guardian
- The child’s preference, if they are old enough
- How the child has adjusted to home, school, and their community
Orange County Domestic Violence Laws
Even though California is a no-fault divorce state, Orange County family law judges recognize that evidence of domestic violence in a divorce, and in general, is always relevant to child custody proceedings. When one parent has committed domestic violence within the past five years against their spouse, child, or other family member, they are automatically excluded from receiving custody.
The perpetrator of domestic violence can petition for sole or joint custody if they can prove by a preponderance of the evidence that it is in the best interests of the child for them to have custody. They can prove this by demonstrating the following:
- Successful completion of a batterer’s treatment program as outlined in the Penal Code Section 1203.097
- Successful completion of drug or alcohol counseling
- Successful completion of parenting classes
- Compliance with all parole or probation terms and conditions
- Compliance with the terms and conditions of any active restraining orders
- They committed no further acts of domestic violence
FAQs
What Is Considered Domestic Violence in Orange County?
In Orange County, domestic violence is abuse between two family members. Abuse is defined as intentional or reckless behavior that caused or almost caused bodily injury or threats of serious physical injury. California considers abuse to include the following:
- Physical harm
- Emotional harm
- Sexual assault
- Harassment or stalking
- Intimidation or threats
- Isolation through restricting movements or communication
- Deprivation of basic needs
- Financial restrictions
- Coercive control or restricting personal liberties
How Do You Prove Domestic Violence in a Custody Case?
To prove domestic violence in a custody case, you can present evidence that demonstrates the abusive behaviors and shows a pattern of continued abuse. You can testify about the abuse you have endured and present witnesses who saw the abuse. You can also present official documents such as police or medical reports, photographs or videos of injuries sustained or objects that have been broken, and personal journals or letters describing how the abuse has affected you.
How Can You Impress a Judge During a Child Custody Case?
During a child custody case, the judge looks at which living situation is in the best interests of the child, but there are some ways to impress a judge. Preparation is key to demonstrating that you are a responsible parent who has your child’s best interest at heart. Have evidence to support any claims against the other parent and present that evidence in a straightforward, non-emotional way. Always remain respectful to the judge and your child’s other parent.
What Are the Types of Child Custody?
The types of child custody are legal and physical. Legal custody allows the guardian to make important decisions about how the child should be raised. These decisions could involve education, medical treatments, religious upbringing, or extracurricular activities.
Physical custody describes which guardian the child primarily lives with and who makes typical day-to-day decisions. Both types of custody can be awarded as sole or joint custody. Even if both guardians get equal parenting time, one may be awarded sole physical custody.
How Does Domestic Violence Influence Divorce Proceedings in California?
Even though California is a no-fault divorce state, evidence of domestic violence can affect the outcome of a divorce proceeding. In addition to the effects domestic violence has on child custody arrangements, a conviction for domestic violence prevents the abuser from receiving spousal support from the victim. Judges may also award a larger percentage of the communal property to the abused spouse.
Contact Dorie A. Rogers, APC
Leaving a domestic abuser comes with great risks that require advanced planning. A skilled domestic violence attorney knows how to assess potential risks and devise a safety plan that can help you and your children get away from an abuser. Contact Dorie A. Rogers, APC, today to schedule your initial, confidential consultation.
