Family Code 3044 outlines the court’s power to not allow visitation to a parent who has been convicted of domestic violence.
Rebuttable Presumption
A presumption in basically an assumption that the court makes before hearing evidence. In simple terms, if you have a domestic violence conviction, the court is already going to assume that you shouldn’t get custody or visitation with your child. However, some presumptions can be overcome. These are called “rebuttable” presumptions and it lets you prove your case even though you start out at a disadvantage.
So what evidence does someone need to “rebut” the domestic violence presumption? Family Code 3044 gives a couple of factors:
Domestic Violence Class
This is the 52 week domestic violence class that someone usually gets when they are convicted of domestic violence. The family court wants to see that you have completed the class before giving you the opportunity to see your child. You must therefore present the proof of completion certificate that you get once you complete the course.
Alcohol or Drug abuse Counseling
Sometimes courts require substance abuse counseling as a part of your domestic violence conviction. These may include alcohol schools such as AB541 and AA meetings. The court wants to see proof that this has been completed before awarding custody.
Other Factors
The court may require completion of a parenting class if that person was required to do so (for more information on parenting classes click here). Also the court will consider whether the person is still on probation and whether they have complied with the terms. If there is a restraining order in effect then it will make it hard for that person to get custody again. Finally, if there have been any further acts of domestic violence since the conviction, you can be pretty sure the court won’t allow custody rights.
How Can I Help?
If you have any more question about Family Code 3044, child custody, or criminal defense please contact me for a consultation at levon@kevorkianlawoffices.com or call 626-227-1176 and ask to speak with me. Connect with me on Google+.
The Law Offices of Levon Kevorkian is a boutique firm located in Pasadena, California handling Divorce, Child Custody, and Criminal Defense cases. Our office is located at 1055 E. Colorado Blvd. Fifth Floor, Pasadena CA 91106.
Disclaimer: This blog post and other blog posts by me are not meant to be legal advice. No attorney-client relationship will be formed by these blog posts.
