How Domestic Violence Impacts Child Custody in San Diego Courts

If you’re going through a custody battle in San Diego and domestic violence is involved, the court will take your case extremely seriously. California family courts are required by law to prioritize the safety of children and the non-abusive parent. That means proof or allegations of abuse can significantly impact custody and visitation decisions.

At Mattis Law, A.P.C., we guide parents through these emotionally and legally complex situations so you can do what’s best for your family.

Domestic Violence and California Custody Laws

Under California custody laws on domestic violence, the family court must presume that awarding custody to a parent who has committed domestic violence is not in the best interest of the child. This presumption is triggered when violence occurred within the last five years and was directed at:

• The child
• The other parent
• A sibling or family member in the household
• A new partner or significant other of the child’s parent

The court’s presumption about domestic violence is rebuttable, meaning the abusive parent can try to present evidence to overcome it. However, the legal burden is high.

In these cases, the court will consider:

• Police reports or protective orders
• Witness statements and medical records
• Counseling or completion of batterer intervention programs
• Whether the parent continues to pose a danger

What Counts as Domestic Violence?

In the context of family court, domestic violence includes more than just physical harm. It can also include:

• Verbal threats
• Emotional abuse
• Harassment or stalking
• Coercive control
• Sexual abuse
• Financial control that isolates or endangers

How Domestic Violence Affects Custody Orders

In child custody cases, California family courts typically divide custody into two parts:

• Legal custody: the right to make decisions about the child’s health, education, and welfare
• Physical custody: where the child lives

When domestic violence is established, courts may decide to:

• Award sole legal and physical custody to the non-abusive parent
• Deny or limit visitation for the abusive parent
• Order supervised visitation in San Diego under Family Code Section 3200.5
• Require the abusive parent to complete counseling, parenting classes, or a domestic violence intervention program
• Prohibit overnight visits or out-of-state travel

In severe cases, the court may suspend all visitation until the abusive parent demonstrates a significant change in behavior and compliance with court-ordered programs.

What Is Supervised Visitation?

Supervised visitation means that the abusive parent may only spend time with the child in the presence of a neutral third party, such as a trained monitor, counselor, or family member approved by the court.

This is a common outcome in domestic violence child custody San Diego cases, where the court wants to preserve the parent-child relationship but must protect the child from harm.

Supervised visits typically take place at designated locations and are limited in duration and frequency. If the visits go well over time, the court may consider transitioning to unsupervised visits, but only with strong evidence that the child will be safe.

How a Restraining Order Impacts Custody

If you have a domestic violence restraining order (DVRO) in place, it will significantly influence your custody case. A restraining order can:

• Prohibit the abusive parent from contacting or coming near you or the child
• Remove the abusive parent from the family home
• Grant you temporary legal and physical custody
• Limit or suspend visitation until a court hearing is held

The restraining order’s custody impact continues as long as the order is active. During this time, you may be able to solidify more permanent custody rights through a formal court order.

Amelia J. Mattis frequently helps clients file for and extend domestic violence restraining orders while developing a strong custody strategy for long-term protection.

What to Do If You’re Accused of Abuse

If you’ve been accused of domestic violence in a child custody case, you still have legal rights. You will need to present evidence and potentially enroll in court-approved programs to demonstrate your fitness as a parent.

The court will evaluate:

• Your criminal record, if any
• Whether the violence was isolated or part of a pattern
• Your willingness to seek help or take responsibility
• Whether your behavior still poses a risk to your child

Accusations alone do not automatically result in loss of custody, but courts err on the side of caution. That is why hiring a child custody attorney in San Diego is essential, regardless of which side of the case you are on.

Evidence the Court Will Consider

To protect your children and make your case stronger in court, it is important to gather and preserve evidence of abuse. This may include:

• Police and emergency response records
• Medical documentation of injuries
• Photos of physical harm or damaged property
• Text messages, emails, or voicemails containing threats
• Witness statements from friends, neighbors, or teachers
• Reports from the therapist or counselor

We help clients organize and present this evidence to the court effectively, always focusing on what is best for the child and ensuring your voice is heard.

Finding the Right Legal Representation

San Diego domestic violence-related custody cases are among the most emotionally intense and legally complex in family court. Whether you are seeking protection from an abuser or responding to allegations, your future and your child’s can be shaped by a single court decision.

That is why working with an experienced and compassionate family law attorney in San Diego is crucial.

At Mattis Law, A.P.C., we provide:

• Dedicated representation for survivors of abuse
• Strong courtroom advocacy for protective parents
• Assistance in filing restraining orders and gathering evidence
• Strategic guidance through San Diego family court procedures
• Respectful, client-centered support at every step

Amelia Mattis has been recognized as one of San Diego’s Rising Stars by Super Lawyers, and she was also selected as a Top 10 Family Law Attorney by Attorney and Practice Magazine.

Talk to an Experienced Family Law Attorney in San Diego

At Mattis Law, A.P.C., we know your child’s safety comes first. If domestic violence is a factor in your custody case, don’t wait for the court to act. Early legal intervention can make a huge difference when it comes to getting a favorable custody decision.

Whether you are seeking full custody, requesting supervised visitation, or defending against a restraining order, we’re here to help you move forward with your life. Call (858) 328-4400 today to schedule your free consultation.