Recently enacted California Family Code Section 3044 sets forth a new policy regarding custody and domestic violence. 

Under the law, a party who is found to be a perpetrator of Domestic Violence within the past 5 years, creates a strong presumption the perpetrator should not share Physical or Legal Custody with the victim-parent. Therefore should the court find you to have committed Domestic violence within the past 5 years, there is a rebuttable presumption that neither physical or legal custody should be granted to you and the parent-victim of the violence will be awarded sole physical and legal custody.

In limited circumstances, it is possible to rebut the presumption, by demonstrating to the Court any of the following:

• Is it in the best interests of the child?;
  
• Did the perpetrator successfully complete a Batterer?s treatment program?;
  
• Did the perpetrator complete an Alcohol or drug abuse counseling program?;
  
• Did the perpetrator complete a Parenting class?;
  
• Did the perpetrator comply with the restraining orders?;
  
• Are there further incidents of Domestic Violence?

The reality is it will be difficult to convince the Court the presumption should not apply.

Note: If both parents are perpetrators of domestic violence the statute does not apply