Being accused of domestic violence is frightening on its own and when you are also a parent that fear takes on a different weight. You are no longer just thinking about court dates or potential penalties but your focus now is whether you will be able to see your child again. In California, that question becomes urgent the moment the accusation is made because even before your criminal case is resolved, a domestic violence arrest can have an immediate and serious impact on your custody rights.

We have worked with many parents who were suddenly pulled into this situation. For most, it was their first time being arrested and often the accusation came during a breakup or a stressful argument where emotions ran high. In many cases, there was no injury and no intention to harm anyone but once the police get involved and an arrest is made then your family court case can shift quickly and dramatically.

How California Family Courts Respond to Domestic Violence Allegations

Judges in California are required to consider the best interests of the child above all else in custody decisions. When there is an accusation of domestic violence even without a conviction that can trigger a very specific legal response. Courts do not wait to see how the criminal case plays out. They are allowed and often expected to act quickly if they believe the child’s safety could be at risk.

That means the court may issue emergency orders that change your custody arrangement. You could be placed on supervised visitation or lose physical custody entirely until the matter is reviewed in detail. These decisions can be based on a police report, a protective order, or a statement from the other parent. The standard in family court is not beyond a reasonable doubt. It is whether the judge believes that domestic violence likely occurred based on the available evidence.

These emergency orders often remain in place for weeks or even months. During that time you may not be allowed to see your child without supervision, or you may be kept from them altogether. The longer this situation continues, the harder it can be to rebuild your parenting time. That is why early action matters and the court’s first impression of your case often shapes how the rest of it plays out.

Family Code Section 3044 and the Legal Presumption Against Custody

One of the most important laws to understand in this situation is California Family Code section 3044. This law tells judges that if a parent has committed domestic violence against the other parent or the child within the past five years, the court must begin from the assumption that giving custody to that parent would not be in the child’s best interest. This is called a rebuttable presumption andIt is not automatic loss of custody but it shifts the burden onto you. You must show why you should still be trusted with legal or physical custody.

This law applies when there is a finding of domestic violence which can come from a conviction, a restraining order, or even the judge’s own review of evidence presented at a hearing. The court can consider police records, photos, witness testimony, and the circumstances of the arrest. The presumption can be hard to overcome if you do not take immediate steps to address it.

To rebut the presumption, you may need to complete a certified domestic violence program including complying  with all court orders and show that giving you custody would still be in your child’s best interest. Judges also consider whether the parent has completed parenting classes or substance abuse treatment if those issues were involved. These steps take time and the sooner you start them, the better position you will be in to restore your parenting rights.

How Arrests Affect Custody Before a Conviction

Many parents are surprised to learn that they can lose custody or visitation before their criminal case is even resolved. Family court operates under a different set of rules and a much lower burden of proof. You do not need to be convicted of a crime to face consequences in custody court. In fact, you do not even need to be charged. A single allegation followed by a police response can be enough to change your entire parenting arrangement.

In custody court, a judge may issue temporary emergency orders as soon as they learn about the incident. These orders can prevent you from seeing your child or restrict you to supervised visits at a facility. Judges make these decisions quickly, sometimes within a few days of the incident and they often rely on the police narrative unless you respond with your own evidence or declarations right away.

If the other parent requests a restraining order, the court may include child custody provisions in that order. This can result in you being removed from the home or having no access to your child until the next hearing. That hearing may not happen for weeks and when it does the judge may decide to extend the orders for months, especially if the criminal case is still pending.

How Criminal Court Outcomes Can Affect Custody

Even though the two courts are separate, the outcome of your criminal case can have a major influence on your custody rights. A conviction for domestic violence under Penal Code section 273.5 or 243(e)(1) will make it more difficult to restore custody especially if the judge believes the violence was recent or ongoing. In some cases, a plea deal that avoids jail may still count as a finding of domestic violence under section 3044.

That is why it is so important to coordinate your defense in both courts. What you say in one courtroom can be used against you in the other. A statement made to avoid jail time in criminal court might later be interpreted by the family court judge as an admission of wrongdoing. Without a legal team that understands how these systems overlap, you could end up making your situation worse without realizing it.

We have helped clients protect their rights by carefully managing what is said and filed in both courts. In some cases, we have helped secure dismissals or diversion agreements that avoided a criminal conviction and protected their standing in custody court but this kind of outcome takes planning, strategy and a clear understanding of how prosecutors and judges think.

How to Rebuild Custody Rights After a Domestic Violence Allegation

If your custody rights have already been restricted, you are not without options. California law allows you to request a modification of custody orders once you have addressed the issues the court was concerned about. That may include completing a batterer’s intervention program, attending parenting classes or complying with all temporary orders without incident. The court will want to see a pattern of responsible behavior over time and a clear commitment to your child’s well-being.

You can also submit updated declarations, letters of support and progress reports to show the court that your situation has changed. Judges have the authority to restore custody if they believe it is safe and beneficial for the child. The process may take time but with the right guidance, it is possible to rebuild your role as a parent and move forward from the accusation.

We have worked with clients who initially lost custody due to a restraining order or arrest but who later regained joint or full custody after following a clear legal plan. Each case is different but the key is to start early and respond strategically. The longer you wait, the harder it becomes to undo early court impressions.

Frequently Asked Questions About Domestic Violence Charges and Child Custody in California

Will I lose custody if charged with domestic violence in California?

A domestic violence charge can trigger California Family Code §3044, which presumes it’s not in the child’s best interest for the accused parent to have custody. This is a rebuttable presumption, meaning you can fight it with evidence and compliance with court requirements.

Can I see my kids after a domestic violence arrest in California?

Yes, but your visitation may be restricted to supervised visits or temporarily suspended until the court reviews the case. The decision depends on whether the judge believes the child’s safety is at risk.

What is California Family Code §3044?

This law requires judges to start from the assumption that giving custody to a parent found to have committed domestic violence is not in the child’s best interest. Parents can overcome this presumption by meeting specific legal requirements and showing rehabilitation.

Can I keep custody after a domestic violence charge?

It’s possible, but you’ll need to act quickly. Steps may include completing a certified domestic violence program, following court orders, and presenting strong evidence that custody is in the child’s best interest.

How do domestic violence charges affect visitation rights in California?

Visitation can be reduced, made supervised, or suspended entirely until the court determines it’s safe. Restrictions often remain until the parent meets court-ordered requirements.

We get a lot of the above questions from clients and here are more related ones people search for:

• How do restraining orders impact child custody in California?
• Can a false accusation of domestic violence affect my custody rights?
• How long do supervised visits last in California?
• Can a domestic violence conviction be used against me in family court?
• What’s the fastest way to restore custody after a domestic violence allegation?

If you have one of these or a similar question, contact us today and our attorneys can give you clear, strategic advice for your situation.

What You Should Do Right Now

If you are a parent who has been arrested or accused of domestic violence in California, the decisions you make in the next few days could shape your future with your child. Do not wait for the court to reach out to you. Do not assume that the other parent will fix things by changing their story. And do not try to explain yourself in court without legal representation.

You need a legal team that understands how to protect your rights in both criminal and family court and that knows how to push back against unfair custody restrictions. We bring the experience of having worked on both sides of these cases. We understand how prosecutors build domestic violence charges, and we know how family law judges think when child safety is involved.

We also understand how devastating it is to be separated from your child based on an accusation that may not reflect the full story. You deserve the chance to be heard and your child deserves the chance to have both parents in their life whenever it is safe and possible.

Do not wait until your first court date to start protecting your relationship with your child. Call our firm now for a confidential consultation and we will review your case, explain your options, and help you take the next step with clarity and strength. Whether you are fighting to stay in your child’s life or working to rebuild trust after a difficult event, we are here to help you move forward with the strongest legal defense possible.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. Every case is different, and results may vary. Please consult a qualified attorney for advice specific to your situation.