How Domestic Violence Restraining Orders Play Affect Juvenile Dependency Cases

Under Family Code 3044, there is a rebuttable presumption if one parent was convicted of domestic violence in the last five years. Basically, the court presumes that it would be detrimental to the child if they were placed with that parent.

If you have a domestic violence restraining order (DVRO), gaining custody of your child will be an uphill battle. You will have to rebut the presumption that the child would be harmed by being in your custody. Because of this, it’s a good idea to seek out experienced dependency attorneys in California if your case involves any level of domestic violence involved.

Under California law, there are two types of custody involved with children: legal custody and physical custody. A DRVO can have a major impact on both forms of custody. Whether you had joint or sole custody before, the DRVO can immediately change how your legal and physical custody work.

If you were fully convicted of domestic violence, Family Code 3044 requires the judge to go through a full decision-making process before giving you custody. In many cases, this process results in the other party receiving custody.

If you were not convicted of an offense in the last five years and merely face domestic violence allegations, then the judge has to determine what to do based on the evidence they have available. For example, the judge may decide to award you with supervised visitation. If the judge enables a parent to receive unsupervised visits after a domestic violence allegation, they must provide very clear reasons for doing so.

Does a Restraining Order Override a Custody Order?

In many cases, a DRVO will immediately override a custody order. This is especially true if the DRVO is temporary. Once a judge has a chance to review the DRVO and custody agreement, other changes can be made. When it comes to custody orders, CPS, and domestic violence, it’s important to get the best legal representation on your side to prevent potential disputes.

Can CPS Override a Court Order?

In California, CPS is not legally allowed to override a court order. If the court has required specific visitation rights or custody arrangements, these orders must be carried out.

However, CPS does have the right to petition the court for a change to the court order. For example, CPS may believe that the child is at risk of domestic violence. In this case, they may petition the court to have the child removed from the home. Then, the child may be placed with a family member, the other parent, or in foster care.

The only exception to this rule is in emergency situations. If CPS genuinely believes that the child is at serious risk of harm, they are allowed to remove the child from that environment. However, this doesn’t negate the agency’s legal obligations. In fact, California requires that the CPS file a petition within two court days after the child has been removed from their home.

Protect Your Parental Rights

Handling a domestic violence restraining order can be challenging for everyone involved. When dealing with CPS and domestic violence, you need the best legal help possible. Fighting a DRVO in juvenile dependency court can be difficult, so you need an experienced legal team who understands what it takes to win a CPS.

If you’re ready to learn more about DRVOs and CPS cases, reach out to our team of talented attorneys today.