Reading list: How a Domestic Violence Restraining Order Changes Everything in an OC Custody Case
In a standard child custody case, the court's starting point is that it is in a child's best interest to have "frequent and continuing contact" with both parents. But when domestic violence is involved, that starting point is thrown out the window. A Domestic Violence Restraining Order (DVRO) is not just a "stay away" order; it is a legal tool that completely changes the landscape of a custody battle. If you are a victim of domestic violence, or if you are being falsely accused, you need a [child custody lawyer in Orange County](https://josfamilylaw.com/) immediately. A firm like JOS FAMILY LAW understands the critical intersection of domestic violence and custody law.

The most powerful legal tool in these cases is California Family Code 3044. This code creates a "rebuttable presumption" that it is not in the child's best interest for a parent who has committed domestic violence to be awarded joint or sole custody.

Let's break that down. A "presumption" means the judge must assume the abusive parent should not have custody. The "burden of proof" is then on the abusive parent to prove to the judge—with clear and convincing evidence—that they have changed and that giving them custody would be safe for the child. This is a massive, uphill legal battle for the abusive parent.

This presumption is automatically triggered if a judge has issued a DVRO against the parent after a full hearing. This is why a DVRO hearing is so much more than just a "stay away" case; it is often the entire custody battle in disguise. If you "win" your DVRO case, you have likely "won" your custody case. If you "lose," you are in a very difficult position.

What happens if the presumption is not rebutted? The court will not grant the abusive parent joint or legal custody. Their time with the child will be limited. The judge will likely order that their visitation be "supervised" by a neutral third party, either a professional monitor or a trusted family member. The judge will also make orders to ensure the safe exchange of the children, often at a police station or a supervised facility, so the parents never have to interact.

For a victim of domestic violence, this is a legal shield. A DVRO is the most powerful tool you have to protect yourself and your children. Your lawyer's job is to gather the evidence—police reports, text messages, photographs—to ensure the judge grants the DVRO and triggers the 3044 presumption.

For a parent who has been falsely accused, the stakes are equally high. You are not just fighting a "stay away" order; you are fighting to prevent a legal presumption that could cost you your relationship with your children. You must hire an attorney to aggressively defend you at the DVRO hearing, presenting evidence to prove the accusations are false.

These are not "normal" custody cases. They are high-stakes, evidence-intensive, and have life-altering consequences. To get expert help navigating the complex intersection of domestic violence and child custody, contact the legal team at JOS FAMILY LAW.