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How DVROs Affect Child Custody Rights in California | Power Trial Lawyers
A domestic violence restraining order does not just keep you away from the petitioner. It can take your children. The moment a judge signs a temporary restraining order with custody provisions, your parenting rights change overnight. If that TRO becomes a permanent DVRO, California law creates a presumption that you should not have custody of your own kids. That presumption can last for years and reshape every custody decision the family court makes going forward.
Understanding how a DVRO affects child custody in California is essential for any respondent who is a parent. The custody consequences are often more devastating than the restraining order itself, and they require a separate, focused defense strategy. Power Trial Lawyers helps parents across Southern California fight DVRO custody provisions at every stage, from the initial temporary restraining order hearing through family court proceedings and beyond.
Quick Answer: How a DVRO Affects Child Custody in California
A domestic violence restraining order (DVRO) can immediately change custody in California. If the court makes a domestic violence finding, Family Code § 3044 creates a rebuttable presumption that awarding custody to the restrained parent is not in the child’s best interest. This presumption applies to both legal and physical custody and typically lasts for the duration of the DVRO.
Temporary custody can shift the same day a TRO is granted. If a permanent DVRO is issued, most courts award sole custody to the protected party unless the restrained parent rebuts the presumption by showing compliance with the order, completion of a certified batterer intervention program, and evidence of safe, stable parenting.
Defeating or limiting the DVRO at the initial hearing is often the most effective way to protect custody rights.
Power Trial Lawyers defends parents against DVRO child custody consequences across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego counties. Call 888-808-2179 for an immediate consultation.
When Does Family Code § 3044 Apply in DVRO Custody Cases?
Family Code § 3044 is the single most important statute for any parent facing a DVRO. It creates a rebuttable presumption that granting sole or joint custody to a person subject to a domestic violence restraining order is detrimental to the best interest of the child.
In plain terms, once a DVRO is granted, the court starts from the position that you should not have custody. You carry the burden of proving otherwise. The DVRO record often shifts the custody analysis dramatically, and the restrained parent typically has to do the heavy lifting to rebut the presumption once § 3044 is in play.
The presumption is most commonly triggered when the court makes a domestic violence finding in a custody context, including when a DVRO is granted under the Domestic Violence Prevention Act (Family Code § 6200 et seq.). Once § 3044 applies, the court starts from the position that awarding sole or joint custody to the restrained parent is detrimental to the child’s best interest unless the presumption is rebutted. The presumption affects both legal custody and physical custody.
How Long Does the Family Code § 3044 Custody Presumption Last?
n many cases, the § 3044 presumption shadows the life of the DVRO, and it can continue to shape custody decisions while the order remains in effect. If the DVRO lasts five years, the presumption applies for five years. If the DVRO is renewed, the presumption continues. Even after the DVRO expires, the existence of the prior order can influence future custody determinations because the court may still consider the underlying findings of domestic violence.
Does a DVRO Automatically Change Custody?
Stage 1: The Temporary Restraining Order
When a petitioner files for a DVRO, they can request temporary custody as part of the TRO. If the judge grants the TRO with custody provisions, the petitioner can receive temporary sole custody the same day. The respondent may lose all custodial time, or the court may allow limited supervised visitation. These temporary orders take effect the moment the TRO is served and remain in place until the hearing.
This is often the most jarring moment for parents. One day you are sharing custody. The next day, you cannot see your children without court permission.
Stage 2: The DVRO Hearing
At the contested hearing, the court decides whether to grant a permanent DVRO. If the court grants a DVRO and makes findings that bring § 3044 into play, the custody analysis shifts immediately because the restrained parent faces a rebuttable presumption against custody. The court will typically award sole legal and physical custody to the protected party unless the respondent can overcome the presumption at that hearing or in subsequent family court proceedings.
Stage 3: Family Court Custody Proceedings
DVRO custody orders and family court custody orders operate in parallel. A DVRO judge can make temporary custody determinations, but the family court has broader authority to make comprehensive custody orders based on the full range of best-interest factors under Family Code § 3011. However, the family court is also bound by the § 3044 presumption as long as the DVRO remains in effect. This means the restrained parent faces the same uphill battle in family court that they face in the DVRO proceeding.
Stage 4: After the DVRO Expires or Is Terminated
When the DVRO expires or is terminated early, the § 3044 presumption no longer applies. The restrained parent can then seek modification of custody under normal best-interest standards. However, the court record of the DVRO still exists, and a family court judge may consider the underlying domestic violence findings when evaluating custody. Getting the custody order modified after the DVRO ends is possible, but it requires a motion demonstrating changed circumstances.
Can a Parent Regain Custody After a DVRO?
The § 3044 presumption is rebuttable, meaning it can be overcome when the restrained parent persuades the court, using the factors listed in Family Code § 3044(b), that awarding some form of custody or visitation is in the child’s best interest and can be done safely. Courts weigh the factors in § 3044(b) alongside the broader best-interest analysis, and the evidence you present determines whether the presumption is rebutted.
Family Code § 3044(b) lists factors the court considers when deciding whether the presumption has been rebutted, including:
- Completion of a batterer intervention program under Penal Code § 1203.097. The program must be a 52-week certified program. Anger management classes or general counseling do not satisfy this requirement.
- Full compliance with the terms of the DVRO. Any violation, even minor, undermines your case.
- Compliance with all probation or parole terms, if a criminal case arose from the same conduct.
- That the restrained parent is not currently abusing alcohol or controlled substances.
- Demonstration through a preponderance of the evidence that granting custody would be in the child’s best interest.
Meeting these factors is not a quick process. The batterer intervention program alone takes a full year to complete. Courts want to see sustained compliance and genuine behavioral change, not a last-minute checklist filed the week before a custody hearing. Power Trial Lawyers advises clients on how to build a record of compliance from the day the DVRO is issued, because overcoming the presumption starts long before the motion is filed.
Evidence Courts Commonly Require to Rebut the § 3044 Presumption
Courts typically expect documented proof of rehabilitation and stability, including:
- Completion of a certified 52-week batterer intervention program
- Full compliance with every DVRO term, with no violations
- Clean drug and alcohol history or testing when applicable
- Proof of stable housing and employment
- Records of successful supervised visitation
- Character declarations from neutral third parties
- Evidence showing custody or visitation can occur safely
Judges rarely grant custody based on promises alone. They look for a sustained track record.
Temporary Custody Orders in TROs
Many respondents do not realize that custody can change before the DVRO hearing even takes place. When a petitioner files a TRO request on form DV-100, the form includes specific sections requesting temporary custody and visitation orders. If the judge grants the TRO with those provisions checked, the respondent’s custody rights are immediately altered upon service.
Temporary custody orders in a TRO can grant the petitioner sole legal and physical custody, eliminate or restrict the respondent’s visitation entirely, allow only supervised visitation under conditions set by the court, and restrict the respondent from removing the children from the county or state.
These orders are temporary by design and last only until the hearing. But if the respondent fails to appear at the hearing, the court will likely enter a permanent DVRO with the same custody provisions, and the § 3044 presumption attaches. Defending against the DVRO at the hearing is the most effective way to protect your custody rights.
DVRO Visitation Restrictions in California
Even when a restrained parent is not awarded custody, the court must still address visitation. Family Code § 3100 provides that the court shall grant reasonable visitation to a noncustodial parent unless visitation would jeopardize the child’s health, safety, or welfare.
In practice, DVRO visitation orders vary widely depending on the severity of the allegations and the judge’s assessment of risk. The court may order unsupervised visitation on a regular schedule, supervised visitation at a professional facility or with an approved third-party monitor, or no visitation at all in extreme cases.
Supervised visitation is common in DVRO cases, at least initially. Professional supervision can cost $50 to $150 per hour, and the restrained parent typically bears the expense. Courts may allow a transition from supervised to unsupervised visitation over time as the restrained parent demonstrates compliance and stability.
Power Trial Lawyers fights for the broadest visitation possible at the DVRO hearing and, where appropriate, files motions to modify visitation restrictions as circumstances change.
Common DVRO Custody Scenarios
Scenario 1: Your Ex Filed a DVRO to Win Custody
You and your co-parent had a shared custody arrangement. Then your co-parent filed a DVRO and obtained temporary sole custody through the TRO. The allegations describe arguments and raised voices but no physical violence. The timing coincides with a pending custody modification motion you filed. This pattern suggests the DVRO was filed as a custody tactic. The defense focuses on the timing, the lack of corroborating evidence, and the absence of any prior domestic violence history.
Scenario 2: DVRO Granted and You Lost All Custodial Time
The court granted a five-year DVRO with sole custody to the petitioner and no visitation for you. You did not have an attorney at the hearing. Power Trial Lawyers evaluates whether a motion to modify the custody or visitation provisions is viable, and whether enrolling in a batterer intervention program and demonstrating compliance could support a future request for supervised or unsupervised visitation.
Scenario 3: You Completed a Batterer Intervention Program and Want Custody Back
The DVRO has been in effect for two years. You completed the 52-week batterer intervention program, complied with every term of the order, maintained stable employment and housing, and have had no further incidents. You want to seek a custody modification. This is the strongest position from which to challenge the § 3044 presumption, and Power Trial Lawyers can file the motion and present the evidence of rehabilitation to the family court.
Scenario 4: The DVRO Expired but Custody Has Not Changed
Your DVRO expired after five years, but the custody order from the DVRO proceeding is still in effect. The § 3044 presumption no longer applies, but the existing custody order does not automatically change. You need to file a motion in family court to modify custody based on changed circumstances. The expiration of the DVRO, combined with years of compliance and a stable living situation, provides the factual basis for that motion.
Can I Lose Custody Because of a Domestic Violence Restraining Order?
Yes. A DVRO is one of the fastest ways to lose custody in California. Temporary custody can shift the day the TRO is signed, and the Family Code § 3044 presumption makes regaining custody an uphill fight for the duration of the order. That is why defending against the DVRO itself is the most important step a parent can take. Preventing the DVRO from being granted, or limiting its scope and custody provisions, is far more effective than trying to undo the damage after the order is in place.
Does a Temporary Restraining Order Change Custody?
It can. If the petitioner requests temporary custody as part of the TRO and the judge grants it, the custody arrangement changes immediately upon service. The respondent may go from sharing 50/50 custody to having no custodial time at all within a single day. These temporary orders remain in effect until the hearing, and if the DVRO is granted, the custody provisions typically carry forward into the permanent order.
What Is a Batterer Intervention Program?
A batterer intervention program (BIP) is a 52-week certified program required under Penal Code § 1203.097. It is not the same as anger management, couples counseling, or general therapy. The program focuses specifically on domestic violence education, accountability, and behavioral change. Completion of a BIP is one of the most important factors courts often weigh under Family Code § 3044(b) when deciding whether the presumption has been rebutted. Courts will verify that the program is a certified provider in the county where it is completed. Starting the program early, even before the court orders it, demonstrates initiative and strengthens a future custody motion.
Can I Get Visitation While a DVRO Is in Effect?
In most cases, yes. Complete denial of visitation is reserved for situations where the court finds that any contact between the restrained parent and the child would jeopardize the child’s safety. In the majority of DVRO cases, the court orders some form of visitation, often supervised initially. The terms depend on the severity of the underlying allegations, the age of the children, and the judge’s assessment of risk. If you currently have no visitation or only supervised visitation, Power Trial Lawyers can evaluate whether a motion to modify is appropriate based on your circumstances.
Does a Denied DVRO Still Affect Custody?
If the DVRO petition is denied at the hearing, the Family Code § 3044 presumption does not apply. The denial means no restraining order was issued, and the custody presumption is not triggered. However, the family court still has discretion to consider the allegations raised in the DVRO petition as part of its broader custody analysis under Family Code § 3011. A denied DVRO carries far less weight than a granted one, but the allegations do not disappear entirely from the record. Defeating the DVRO at the hearing is the single most effective way to protect your custody rights.
Can the Family Court Change a DVRO Custody Order?
Yes. The family court has independent jurisdiction over custody and can modify custody orders originally made in the DVRO proceeding. However, as long as the DVRO remains active, the family court must still apply the § 3044 presumption. Once the DVRO expires or is terminated, the family court can evaluate custody under normal best-interest standards without the presumption. Filing a custody modification in family court is often the appropriate next step after completing a batterer intervention program and building a record of sustained compliance.
How Long Does the Custody Presumption Last After a DVRO?
The § 3044 presumption lasts for the duration of the DVRO. A five-year DVRO means a five-year presumption. A renewed DVRO means the presumption continues for the renewal period. After the DVRO expires or is terminated, the presumption no longer applies, but the court can still consider the history of domestic violence findings when making custody decisions. Seeking early termination of the DVRO under Family Code § 6345(b) is one strategy for ending the presumption sooner. Power Trial Lawyers evaluates whether early termination is viable and helps clients build the evidentiary record needed to support that request.
Can Someone File a DVRO Just to Gain Custody?
Yes. Courts see DVROs used strategically in custody disputes, especially when filings coincide with pending family court motions. When allegations involve arguments or verbal conflicts without corroboration, timing becomes critical. A strong defense focuses on inconsistencies, lack of evidence, and the absence of prior domestic violence history.
What Is the Fastest Way to Protect Custody After a TRO Is Issued?
Immediately retain counsel and prepare for the DVRO hearing. This includes gathering evidence, witness declarations, and communications that contradict the allegations. Preventing a permanent DVRO — or limiting its custody provisions — is far more effective than trying to reverse custody later under Family Code § 3044.
Southern California DVRO Custody Defense
DVRO custody disputes are handled in both the family law departments hearing the restraining order and the family courts managing broader custody issues. Power Trial Lawyers defends parents in DVRO custody matters across all five major Southern California counties. Courtroom experience matters because judges in different courthouses approach custody provisions differently, and knowing those tendencies informs case strategy.
Los Angeles County
Los Angeles County handles DVRO and custody matters at courthouses across the county. Power Trial Lawyers appears at Stanley Mosk Courthouse, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, Airport Courthouse, and Santa Monica Courthouse. In LA County, DVRO custody provisions and family court custody orders often proceed on separate tracks, making coordination between the two proceedings essential.
Orange County
Orange County family law and DVRO matters are heard at the Central Justice Center, Lamoreaux Justice Center, Harbor Justice Center, North Justice Center, and West Justice Center. OC judges generally take custody provisions in DVROs seriously and expect detailed evidence when respondents seek to maintain or restore visitation.
Riverside County
Riverside County hears DVRO and custody cases at the Riverside Historic Courthouse, Southwest Justice Center in Murrieta, and Larson Justice Center in Indio.
San Bernardino County
San Bernardino County handles these matters at the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse.
San Diego County
San Diego County hears DVRO custody matters at the Central Courthouse, Vista Courthouse, and Chula Vista Courthouse. Power Trial Lawyers handles DVRO custody defense throughout San Diego County.
Protect Your Custody Rights Now
A DVRO can take your children away faster than any other family court proceeding. The temporary custody order hits the moment you are served. When the court grants a permanent DVRO in a custody context and makes findings that trigger § 3044, the presumption can take hold immediately and reshape the case. Every day that passes under a DVRO with unfavorable custody provisions makes it harder to restore your parental rights.
Power Trial Lawyers has defended hundreds of parents against DVRO custody consequences across Southern California. We fight at the DVRO hearing to prevent custody provisions from being included in the order. We file motions in family court to modify custody when circumstances change. And we guide clients through the process of overcoming the § 3044 presumption, from enrolling in a batterer intervention program through filing the custody modification motion.
Call 888-808-2179 now to speak with an attorney about your DVRO child custody situation in California. You can also contact us through the Power Trial Lawyers website. Your custody rights are on the line. Do not wait for the court to decide without hearing your side.