"I'm often asked by parents, "If I get a domestic violence restraining order, will that impact custody or support?" Hi, I'm Marshall Waller, California certified family law specialist, a fellow of the American Academy of Matrimonial Lawyers. A domestic violence restraining order, or DVRO, can significantly affect custody, visitation, and temporary support in California.
When a DVRO is in place, the court's first priority is safety for the protected person and, of course, for any children. California courts issue temporary custody and visitation orders as part of restraining orders, including supervised visitation, exchange restrictions, and detailed conditions on contact with the kids. The restrained person is generally required to surrender firearms and ammunition, and violations of the order can carry serious legal consequences.
Under California law, courts must consider domestic violence when determining a child's best interests. And in many situations, there's a legal presumption against awarding joint or sole custody to a parent who has perpetrated domestic violence within a specific period of time unless that presumption is rebutted with substantial evidence.
Domestic violence restraining order proceedings can also affect support. Two important points: First, strict compliance with any restraining order from the moment it is served on the recipient is critical. Even technical violations can significantly undermine a party's position in custody or support proceedings. Second, where it is safe and appropriate, demonstrating responsible, court-compliant conduct can play an important role in how a judge evaluates your credibility moving forward.
Because domestic violence restraining order findings can alter custody rights, support obligations, and long-term parenting arrangements, careful legal analysis and experienced guidance is essential when these issues arise in a family law matter."
