A criminal domestic violence case and a family court custody dispute often run at the same time. When a protective order is issued as part of the criminal proceedings, its reach does not stay inside the criminal courtroom. Family court judges in California are required to consider protective orders and domestic violence findings, and the impact on custody and visitation can be immediate and lasting. Having a qualified criminal defense attorney involved early can shape how both cases unfold.
We represent clients in San Bernardino County who are facing both a criminal domestic violence case and a concurrent family court matter. Understanding how these proceedings interact is one of the most valuable pieces of information we can give a client who is dealing with both at once.
How California Law Connects Criminal and Family Court
California Family Code Section 3044 creates a presumption against awarding custody to a parent who has been found to have committed domestic violence against the other parent within the preceding five years. This presumption is triggered by a family court finding, which can come from a restraining order hearing, a criminal conviction, or both.
A criminal protective order issued in the criminal case does not by itself establish a formal family court finding of domestic violence. However, the existence of a CPO, the underlying criminal charges, and any related criminal proceedings are information that family court judges in San Bernardino County will have access to. They factor into how the family court evaluates the domestic violence question on its own docket.
The Presumption Against Custody After a Domestic Violence Finding
Under California Family Code 3044, if a court finds that a parent has committed domestic violence against the other parent, there is a rebuttable presumption that awarding sole or joint physical or legal custody to that parent is detrimental to the best interest of the child. Rebutting this presumption requires specific showings, including completion of a batterer's intervention program, compliance with any protective order, and affirmative evidence that granting custody is in the child's best interest.
This is one of the most consequential reasons why the criminal case outcome matters for parents. A dismissal or acquittal in the criminal case removes a key basis for a domestic violence finding in family court. A conviction, on the other hand, can significantly constrain custody options for years and requires substantial effort to overcome even after the sentence is served.
When Protective Orders Affect Visitation
Even without a formal custody finding, a criminal protective order can restrict a parent's contact with their children. If the children are listed as protected persons under the order, contact is prohibited entirely. If the order covers only the other parent, contact with the children may still be possible but requires careful logistical arrangement that avoids any contact with the protected person.
We counsel clients on how to structure visitation when protective orders are in place, including how to arrange pick-up and drop-off through a neutral third party and how to file for modification of protective order terms that create unreasonable barriers to parent-child contact when the children are not themselves listed as protected persons.
How a Favorable Criminal Outcome Can Protect Your Family Court Position
Winning or favorably resolving the criminal case can significantly change your standing in family court. If charges are dismissed at the preliminary hearing, the prosecution could not meet the basic evidentiary threshold, which speaks directly to the weight of the underlying allegations. If you are acquitted at trial, a not guilty verdict can be used to rebut a domestic violence finding in family court proceedings.
Attorney Tammy Higgins has tried more than 100 jury trials, including cases in San Bernardino Superior Court where the criminal outcome had direct implications for related family court matters. We prepare every case with awareness of those downstream consequences. Results vary by case. Past outcomes do not guarantee future results.
Coordinating Criminal and Family Law Defense
When a criminal domestic violence case and a family court matter overlap, decisions made in one proceeding can create problems in the other. Statements made in family court can sometimes be used in the criminal case. Admissions made in the criminal case can be introduced in family court. Protective order modifications obtained in one court may or may not be recognized by the other without further legal steps.
If you are involved in both proceedings, your criminal defense attorney and your family law attorney need to be communicating. We work alongside family law counsel to make sure our clients are not creating problems in one court while trying to protect their position in the other.
What This Means If You Are Facing Both Proceedings in San Bernardino County
Facing a domestic violence charge and a concurrent custody battle in San Bernardino is one of the most legally complex situations a person can be in. The criminal case and the family court case are legally distinct, but their outcomes are deeply connected.
Our domestic violence defense practice covers both the criminal defense strategy and coordination with family law proceedings for clients in San Bernardino, Fontana, Ontario, Rancho Cucamonga, Colton, and throughout the Inland Empire.
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