Understanding Domestic Violence and Family Law in San Diego: Your Questions Answered
Whether you’re seeking protection for yourself and your children or defending against false allegations, you need experienced legal counsel who understands both the law and what you’re going through. At Primus Family Law Group, our dedicated team of California Certified Family Law Specialists use their 50 years combined experience to help San Diego families navigate these difficult situations with compassion, integrity, and aggressive advocacy. As a top-rated firm, we know how to protect your rights and your family’s future.
Below, we answer the most common questions people ask about domestic violence in California family law cases.
Q: What exactly qualifies as domestic violence under California law?
A: In California, domestic violence isn’t limited to physical abuse. The law recognizes multiple forms of abuse within relationships, including physical violence, emotional abuse, threats, stalking, harassment, and financial control. This applies to current or former spouses, dating partners, co-parents, family members, roommates, and household members. If you’re experiencing any of these behaviors, there are legal protections available to you and you don’t have to face this alone.
Q: How does domestic violence affect child custody in San Diego?
A: This is huge. Under California Family Code Section 3044, if a court finds that a parent committed domestic violence within the past five years against the other parent, the child, or another household member, there’s a presumption that giving that parent custody would not be in the child’s best interests. That means that a parent found to have committed physical, emotional, financial, or psychological abuse is presumed unfit for custody. Then they have to prove otherwise. The court will consider the following in determining whether they have overcome the presumption: if they’ve completed a 52-week batterer’s intervention program, complied with protective orders, avoided further violence, engaged in therapy, and taken parenting or anger management classes.
Q: Can a parent who committed domestic violence still have visitation with their children?
A: Yes, but with restrictions. Even when custody is denied, visitation may still be granted under California Family Code Section 3100 if the court finds that visitation is in the children’s best interest. However, the court can impose supervised visitation or other safeguards to protect the children. In severe cases where the child’s physical safety or emotional well-being is at risk, visitation can be denied entirely. San Diego courts take children’s safety extremely seriously.
Q: What is a Domestic Violence Restraining Order (DVRO), and how does it protect me?
A: A DVRO is one of your most powerful tools for immediate protection. Once issued, a restraining order can require the abuser to stay away from you and your children, grant emergency custody modifications, protect your home and finances, and prevent further threats, stalking, or harassment. They can last up to 5 years. Our California Certified Family Law Specialists will guide you through the entire restraining order process to ensure you get the legal protection you need to stay safe.
Q: What if I’ve been falsely accused of domestic violence?
A: False accusations happen, and they’re incredibly serious. Unfortunately, domestic violence allegations are sometimes weaponized in divorce and custody disputes. If you’ve been falsely accused, you could face loss of custody or visitation rights, criminal charges, restraining orders, and serious damage to your reputation and employment. At Primus Family Law Group, we aggressively defend clients facing false allegations. We know how to build a strong defense, challenge unreliable evidence, and ensure the truth comes out. With over 50 years’ combined experience, our dedicated team of family law attorneys has successfully defended countless clients in these situations.
Q: What should I do right now if I’m experiencing domestic violence?
A: First, prioritize your safety. If you’re in immediate danger, call 911. You can also contact the National Domestic Violence Hotline at 800-799-7233 or reach out to a local San Diego domestic violence resource center. Then, contact an experienced family law attorney. Document everything including keeping records of threats, injuries, harassing messages, and any other evidence of abuse. These records will be important in obtaining legal protection.
Q: Why should I choose Primus Family Law Group?
A: Our team of California Certified Family Law Specialists brings over 50 years’ combined experience I domestic violence cases. As a top-rated firm serving San Diego County, we’ve built our reputation on aggressive advocacy combined with legal expertise, integrity and compassion. Our dedicated team of family law attorneys understands that your safety, your children’s wellbeing, and your future may all be at stake. Contact Primus Family Law Group today at 619-574-8000 or info@primusfamilylaw.com for a complimentary 30-minute phone or Zoom consultation.