How a Domestic Violence Charge Could Affect Your Child Custody Rights in California

Domestic violence charges carry harsh penalties in Los Angeles, but people sometimes underestimate the potential effects of an accusation of domestic violence on child custody rights. Any perceived threat to a child’s safety is a cause for concern in California courts. It’s quite possible that a domestic violence allegation could cost you your ability to see your children.

Can a Restraining Order Instantly Affect Custody in California?

Yes, a restraining order (or “criminal protective order” in a criminal case) can immediately affect your custody and visitation rights in California. State law states that judges can issue emergency orders about the temporary care and custody of children in domestic violence situations. In some cases, your custody rights could be suspended from the moment the order is issued.

In addition to custody, protective orders can enable courts to dictate many aspects of your life, including where you can go, who you can see or talk to, and more. Furthermore, violating a protective order is a crime that carries fines, jail time, or both.

How Domestic Violence Allegations Can Be Used to Manipulate a Divorce Case

Domestic violence allegations can carry serious legal weight, especially in divorce and custody cases. If one parent makes a false or exaggerated claim, it could shift the balance of the case in their favor. The court may issue a temporary protective order blocking you from your home or limiting your access to your children, even before a full hearing occurs. Some people use this tactic to gain leverage, knowing it may influence the judge’s view of your character when making custody decisions.

That doesn’t mean the court automatically believes every claim of domestic abuse, only that the accusation alone can have immediate consequences. If you’re concerned about losing custody due to false accusations of domestic violence or child abuse, it’s vital to seek help from a domestic violence defense attorney immediately.

Can I See My Children If I Have Been Accused But Not Charged?

It depends on whether there’s a protective order against you and, if so, what it says. The order might allow supervised visits or block you from any contact with your children. Whatever the order says, follow its terms precisely. Violating a protective order will only worsen your situation, and you have options to contest the order and regain your custody or visitation rights.

Why Your First Call Must Be to a Criminal Defense Attorney

Losing access to your children due to domestic violence charges is frustrating and worrisome, but getting angry at your partner or spouse won’t help. The first thing to do is contact a legal professional for help clearing your name. A domestic violence defense lawyer can devise a strategy challenging a protective order in court while guiding you on how to avoid actions that could lead to arrest or other serious consequences.

Request a Free Consultation With the Law Offices of Justin E. Sterling

California judges and prosecutors will always prioritize a child’s well-being. But if you’ve been wrongfully accused of domestic violence in Los Angeles, you have a right to defend yourself and your right to remain in your child’s life.

Attorney Justin E. Sterling has over 20 years of experience representing Los Angeles residents in high-stakes cases. His experience as a former public defender and connections to the local court system give him strategic insight that he and his team can use to aid your defense and refute your domestic violence charges. Call now or complete our contact form for a free case review.