Divorce happens to many of us, and a recent study indicated that most contested custody mediation cases in California, regardless of demographics, involve a history of inter-parental violence. Unfortunately, a history of domestic violence, even if there is no conviction, can be devastating to you in terms of child custody issues.

• Judges will take into account a history of the parents’ behavioral patterns. If your partner can produce proof of violence in the home, your chances of custody could be diminished. In fact, if you have a history of violence, you may not even get visitation. The judge will allow visitation only if he or she believes that proper measures can be taken to ensure the safety of both the child(ren) and your partner.
  
• Judges are required to consider abuse against your child’s other parent, your current intimate partner (if different) and abuse against a child with whom you have a relationship when making custody decisions.

When determining custody issues, Family Court Services (FCS) must review your and your partner’s histories of domestic violence. The FCS staff must screen for restraining orders and safety-related issues affecting any party or child in the proceedings.

Unfortunately, allegations of domestic violence are frequent in divorce and separation situations. The consequences of these charges allegations can be serious for you since occupation of the home and custody of the children may be at stake.

There are defenses for domestic violence charges. Many times, these cases are merely based on one person’s word against another, and ulterior motives are involved in these reports. Make sure to hire an experienced criminal defense attorney to defend your domestic violence charges and a family law attorney to tell your side of the story when deciding visitation or custody issues. Your children are worth the extra effort.