Protecting Your Safety, Your Family, and Your Future
Domestic violence situations can be some of the most stressful and life-changing experiences a family faces. If you are living in fear of abuse, you may feel unsafe in your own home and uncertain about how to protect yourself and your children. If you have been accused of abuse in the middle of a divorce or custody dispute, you may be facing serious consequences that could affect your relationship with your children and your ability to remain in your home.
In these moments, working with a California domestic violence lawyer who understands both the law and its impact on families can provide critical support.
Understanding How California Defines Domestic Violence
California law defines domestic violence as abuse or threats of abuse directed at someone with whom the person has a close relationship, such as a spouse, co-parent, or dating partner. Abuse is not limited to physical harm. It can include:
- Sexual assault, threats, or intimidation;
- Harassment, stalking, or disturbing someone’s peace; and
- Destroying property or causing emotional harm.
Because of the broad definition, domestic violence cases often extend beyond immediate safety concerns and affect housing, finances, child custody, and community relationships. Understanding how the law defines these terms is the first step in protecting your rights.
Protective Orders: How Restraining Orders Work in California
When there are allegations of abuse, California courts can issue protective orders, commonly called restraining orders, to limit contact between the parties. A domestic violence restraining order may require the restrained person to:
- Stop contacting the protected party through calls, texts, or social media;
- Move out of a shared home immediately;
- Stay away from specific places such as a home, workplace, or school; or
- Follow temporary child custody and visitation arrangements to protect children.
Restraining orders can be temporary (lasting until the hearing) or long-term (up to five years, with the option to renew). Whether you are seeking protection for yourself and your children or responding to an order filed during a divorce or custody case, a domestic violence attorney can guide you through the process and advocate for your interests in court.
How Domestic Violence Allegations Affect Family Law Cases
Domestic violence allegations can have a major impact on divorce and child custody disputes. California courts are required to consider domestic violence findings when determining custody and visitation:
- Custody presumption: If a parent has been found to have committed domestic violence within the past five years, the court generally presumes that parent should not have custody.
- Visitation restrictions: Even if custody is denied, visitation may still be granted. However, courts often impose safeguards such as supervised visits, neutral exchange locations, or mandatory counseling.
- Protective orders: Temporary restraining orders can immediately affect where children live, how parenting time is shared, and which spouse remains in the family home.
- Spousal support: California law allows judges to limit or deny spousal support to a spouse with a documented history of domestic violence.
- Property and finances: Domestic violence findings can also influence how judges approach the division of property, debts, and financial responsibilities.
These laws are designed to protect children and families from harm. For those seeking protection, they provide important safeguards. For those facing allegations, they raise serious challenges that must be carefully addressed in family court.
False or Exaggerated Allegations in Family Disputes
Unfortunately, domestic violence claims can sometimes be exaggerated or misused in the heat of divorce or custody battles. If you are facing allegations, it is critical to work with a family law attorney who can help present evidence, challenge unsupported claims, and advocate for your parental rights.
Why Clients Turn to the Law Office of Bartley Babcock
Attorney Bartley Babcock brings over a decade of courtroom experience, including handling complex hearings and trials. The firm is dedicated to easing clients’ stress, advocating for their rights, and guiding them toward the best possible outcomes in difficult situations.
Our commitment goes beyond legal representation. Known for tireless advocacy both in negotiations and in the courtroom, we provide steady support during some of life’s most painful and uncertain chapters.
Domestic violence cases affect every part of life — your home, your family, your financial stability, and your future. Whether you are seeking protection from abuse or responding to allegations in the midst of a divorce or custody case, we are here to help. Our California domestic violence lawyer can provide the guidance and advocacy needed to work toward a future defined by safety, stability, and the chance to move forward. Call today to schedule a confidential consultation.
FAQs
How Long Does a Domestic Violence Restraining Order Last in California?
A temporary restraining order usually lasts until the court hearing, held within a few weeks. If the judge issues a permanent order, it can remain in effect for up to five years and may be renewed.
Will a Domestic Violence Finding Affect Child Custody?
Yes. California law requires courts to consider domestic violence findings when deciding custody and visitation. A parent with a recent finding of abuse is generally presumed not suitable for custody, though visitation may still be allowed with restrictions.
Can Allegations of Domestic Violence Be Challenged in Family Court?
Yes. False or exaggerated claims can be addressed with evidence and testimony. A family law attorney can present your side and help protect your parental rights.
Do Domestic Violence Findings Affect Spousal Support or Property Division?
They can. Judges may deny spousal support to a spouse with a history of domestic violence, and findings may influence how property and financial responsibilities are divided.
Resources:
- Judicial Branch of California, Domestic Violence, link.
- Judicial Council of California, Domestic Violence Restraining Orders Benchguide, link.
- California Courts, Self-Help Guide: Domestic Violence Restraining Orders, link.
- Orange County Courts, Domestic Violence – General, link.
- Violation of Protective Orders, California Penal Code § 273.6, link.