California domestic violence laws make it a crime to harm or threaten to harm an intimate partner. Common charges include domestic battery and inflicting corporal injury on an intimate partner
In custody disputes, the California Family Code has a long list of people who can be considered domestic violence victims. In addition to intimate partners, victims can include: The defendant’s child, or any other person related by to the defendant by blood or marriage within the second degree, including Brothers and sisters, half-brothers and half-sisters, step-brothers and step-sisters, grandparents, grandchildren, aunts and uncles, and nephews and nieces.
California’s child abuse law makes it a crime to inflict corporal punishment or injury on a child. Reasonable spankings are excluded, but any cruel discipline or causes injury is considered child abuse in California. A first offense for child abuse can be punished by up to one year in county jail or up to three years in state prison.
Domestic abusers are usually prohibited from getting custody of their minor children in California. But they are still often able to obtain visitation rights. For purposes of determining custody, a criminal conviction is not required for a family law judge to determine there was domestic violence.
A California domestic violence conviction may not only result in loss of custody; it may also result in a loss of the right to own or possess a firearm and immigration consequences. Aloha Divorce can help you with any domestic violence issues in your divorce case and will assist you in obtaining protective orders and achieving the fairest outcome in your custody case.