1 Superior Court of california , County of Alameda DOMESTIC VIOLENCE AND CHILD CUSTODY. If you are involved in a family law case involving children and there has been domestic violence, here is important information about a law that affects you. What is "child custody"? Usually, the judge cannot give custody to the There are two types. person who committed domestic violence. But Physical custody: Whom the child the judge can give that person visitation. lives with Are there exceptions? Legal custody: Who makes Yes. The judge can give custody to the important decisions regarding the person who committed the domestic child's health care, education, and violence. To do so, the judge must consider welfare whether: It is best for the child What is "domestic violence"? The person has: It means to hit, kick, scare, throw things, --Completed a 52-week batterer's pull hair, push, follow, harass, sexually program --Not committed any other assault, or threaten to do any of these domestic things.
2 It also includes other actions that violence make someone afraid of being hurt. The person has obeyed Court orders to: Domestic violence can be spoken, Complete an alcohol or drug abuse written, or physical. program or a parenting class Follow all terms of probation or How does the judge decide if there is parole or a protective or restraining domestic violence in my case? order The judge will treat your case as a domestic violence case if, in the last 5 This law applies to any person seeking years, custody, not only a parent. To read the law, A parent was convicted of see california Family Code section 3044. domestic violence against the Other laws also apply. other parent or Need Help? Any Court has decided that one For more information, contact: parent committed domestic violence against the other parent or the children Alameda County Bar Association Lawyer Referral Services Otherwise, the judge will decide based on Phone: (510) 302-2222.
3 All the evidence in your case. The judge cannot decide based only on the Superior Court of california conclusions or recommendations of CCR County of Alameda Counselor or a child custody evaluator. Self Help Centers Oakland, Hayward, Fremont, Pleasanton Phone: (510) 272-1393. What if the judge decides there is domestic violence in my case? If a Court decides there is domestic california Courts Online Self-Help Center violence (now or in the past 5 years) against a parent or the children, the judge must follow special rules to decide custody V:\Families & Children's Bureau\Child Custody Mediation\CCRCS Forms of the children. 2011\English2011 Packet\English Packet 2011-Final 11page 7/13/2011.