Domestic Violence and California Family Court
How California family courts may consider domestic violence when making decisions about custody and visitation.
Domestic Violence and California Family Court
The Role of Family Court in California
California family courts handle matters related to divorce, legal custody, physical custody, and visitation. When parents separate or divorce, the court helps decide who will make important decisions for the child and where the child will live. The court also determines how and when the noncustodial parent can spend time with the child.
Bringing Domestic Violence Concerns to Court
If there are concerns about domestic violence, these can be shared with the family court during custody and visitation proceedings. It is important that the court is made aware of any history or risks related to abuse so it can consider the safety of all involved, especially the child.
Child Safety and Best Interests
The family court’s primary focus is the child's safety and well-being. Decisions are made based on what is in the best interests of the child. This includes ensuring stable living arrangements and minimizing any exposure to harm or conflict.
Factors Courts May Consider
When making custody and visitation decisions, courts may look at:
- Past incidents of abuse or violence reported to the court
- Existing restraining or protective orders
- Criminal records related to domestic violence or other relevant offenses
These factors help the court understand potential risks and the need for protections.
Tools Courts Use to Enhance Safety
To protect children and survivors, courts may use measures such as:
- Supervised visitation, where visits occur under monitoring by a third party
- Safe exchange locations for handing off the child to reduce contact risks
- Limitations or restrictions on contact between parties when needed for safety
These tools aim to allow ongoing relationships while addressing safety concerns.
Seeking Expert Legal Support
Survivors are encouraged to consult with a California family law attorney who has experience working with domestic violence cases. A knowledgeable attorney can help explain the court process, advocate for safety, and support the survivor’s interests in custody and visitation matters.
Additional support options can be found through resources listed at DV.Support.