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Domestic Violence - Child Custody and Visitation

Posted on in Domestic Violence

Will I Lose My Child Because Of A Domestic Violence Charge?

An allegation of domestic violence creates a rebuttable presumption that the accused parent is “unfit” to have custody of his or her child and to have visitation rights. (See Family Code section 3011). Such allegations must be disputed early to preserve your parental rights.

A conviction for domestic violence may lead to loss of:

  • Physical and legal custody of your child
  • Loss of visitation or an order of supervised visitation
  • Stay-away orders
  • Requirements to pay the victim’s attorney’s fees and other costs
  • Mandatory parent counseling and therapy.

NOTE: An accusation of domestic violence may also be used as a factor to deny spousal support to the accused party in a divorce or separation proceeding. (Family Code Section 4325 and 4320(m)).
What happens in criminal court may have a direct impact on your divorce and child custody proceedings. Your criminal attorney needs to aware of all the potential consequences a conviction may in a family court proceeding to protect your rights as a parent.

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