A judge will consider many things when it comes to deciding on child custody arrangements in a divorce. Multiple factors will influence the decision, including a history of domestic violence. These are the possible effects that domestic violence may have on your child custody case in California.
Effect on the case
If you have been accused of domestic violence, this is likely to lower your chances of receiving child custody. The way a judge sees it, if you are capable of hurting your significant other, then it is entirely possible that you may eventually commit acts of violence against your child. The judge will certainly keep this in mind when making their decision because a child shouldn’t have a guardian who has the potential to hurt them.
In addition, abusing your significant other in front of your child can cause lasting psychological effects on the child. As someone accused of domestic violence, you do have the option to show evidence to prove your innocence, but if the judge believes that you committed the acts of violence, it is likely that you won’t receive your preferred child custody arrangement.
Not only will you not receive child custody, but your visitation rights can also get revoked if evidence indicates that you committed domestic violence. This means that you won’t be able to visit your child for however long the court determines. The court may also order you to receive anger management classes, domestic violence counseling and parenting classes before you are able to see your child again.
Effect on the child
Witnessing one of their parents commit acts of violence can cause a child to act out and also commit acts of violence against their peers and possibly their significant other in the future. They may grow to see violence as an acceptable response to their own anger.
Domestic violence is a serious charge because judges know that it will lead to nothing but pain for the whole family. Having a familial law attorney on your side may help you refute accusations of domestic violence and be able to secure custody of your child.