In a divorce involving domestic violence, every decision carries serious weight, especially when children are involved. The process can feel overwhelming, but understanding your rights and the legal protections available can help alleviate some of this stress. When custody is at stake, taking the right steps can help you protect your children and ensure their best interests are at the center of every decision.

The Impact of Domestic Violence on Divorce and Custody in San Diego

When domestic violence is involved in a divorce, it influences nearly every aspect of the proceedings, especially child custody. San Diego family courts prioritize the health, safety, and welfare of children when making custody determinations. Evidence of domestic violence can heavily sway the court’s decisions, as protecting children from harm is the most important consideration. 

If one parent has a history of domestic violence, their custody rights may be limited. In San Diego, the law assumes that giving custody to a parent who committed domestic violence within the last five years is not in the child’s best interest. This means the abusive parent starts at a disadvantage in custody decisions. They can try to prove to the court that giving them custody would still be safe for the child, but they must provide strong evidence to do so.

How to Protect Your Children During Divorce After Domestic Violence

If you are preparing for divorce and custody proceedings in San Diego after experiencing domestic violence, there are several steps you should take:

1. Document the Abuse

One of the most important things you can do is gather evidence of violence. This can include:

  • Police reports
  • Medical records
  • Photographs of injuries
  • Witness statements
  • Restraining orders or protective orders

Having a clear record of the abuse can significantly influence divorce and custody outcomes, helping the court understand the risks to you and your children.

2. Seek a Protective Order

A domestic violence restraining order (DVRO) can provide immediate protection for you and your children. In San Diego, a DVRO can grant you temporary custody, limit the abuser’s visitation rights, and order the abuser to stay away from your home, workplace, and your children’s school.

A protective order can also set the tone for divorce and custody proceedings, signaling to the court the seriousness of the situation.

3. Prioritize Your Children’s Emotional Well-Being

Children who witness or experience abuse can suffer long-term emotional and psychological harm. As you move through divorce and custody proceedings, it’s wise to also seek therapy or counseling for your children. Courts in San Diego look favorably on parents who take steps to support their children’s mental health during and after a divorce involving domestic violence.

4. Weigh Your Custody Options

When it comes to divorce and custody, the court typically considers several options:

  • Sole custody: The non-abusive parent may be awarded sole legal and physical custody, with limited or supervised visitation for the abusive parent.
  • Supervised visitation: If the court believes it is still beneficial for the child to have some contact with the abusive parent, which is often the case, it may order supervised visitation in a safe, neutral environment for a period of time.
  • No visitation: In extreme cases, the court may deny the abusive parent any visitation rights to protect the child’s safety.

Each case is unique, and the court will carefully weigh evidence of domestic violence before making custody decisions in San Diego.

How Domestic Violence Affects Custody Evaluations

In contested divorce and custody cases involving domestic violence in San Diego, a judge may order a custody evaluation by a licensed professional. The evaluator’s job is to assess the family dynamics, the children’s needs, and any history of violence or abuse.

The evaluator will consider, among other factors:

  • The frequency and severity of the violence
  • Whether the violence was directed at the children, witnessed by the children, or involved threats against them
  • The abusive parent’s willingness to participate in counseling or anger management
  • The impact of the violence on the children’s emotional and physical safety

These findings carry significant weight in the judge’s final custody decision in San Diego.

Rebuilding Your Life after Divorce and Domestic Violence

Ending a marriage involving abuse can feel like an uphill battle, but it’s a vital step toward creating a safer, healthier environment for your children. After the divorce and custody issues are resolved, focus on rebuilding your life:

  • Create a stable home environment: Courts favor stability when evaluating custody arrangements. Make sure your children have a consistent routine and a secure place to live.
  • Continue therapy and support: Ongoing counseling for both you and your children can help heal the emotional wounds caused by violence and abuse.
  • Stay vigilant about safety: Even after a divorce is finalized, continue to enforce restraining orders if necessary and remain cautious about interactions with your former spouse.

Work with a San Diego Divorce and Family Law Attorney

Divorce after domestic violence can be very difficult. With the right legal support, you can protect your children and build a brighter future. At Fair Cadora, our San Diego divorce and family law attorneys are committed to protecting survivors and their children. We work tirelessly to secure custody arrangements that prioritize the safety and well-being of your family.

Contact our team today to schedule a confidential case evaluation and learn how we can help.