Roseville Domestic Violence Attorney

How Does Domestic Violence Affect Child Custody in Placer County?

Domestic violence directly affects child custody and visitation in Roseville and Placer County, whether the offense was against the child, the child’s other parent, or someone else in the home.

Under California Family Code 3044, a court applies a rebuttable presumption against awarding joint or sole physical or legal custody to a parent who has committed domestic violence. The judge will presume, unless proven otherwise by a preponderance of the evidence, that giving that parent custody would be detrimental to the child. A domestic violence finding can also influence spousal support determinations in divorce proceedings, which is one reason early legal guidance matters so much in these cases.

How California Defines Domestic Violence

California law covers far more than physical harm. Domestic violence includes physical abuse, sexual abuse, mental and emotional abuse, financial abuse, coercive control, stalking, harassment, and economic deprivation.

Domestic violence is defined as an act of abuse against a:

• Spouse
• Former spouse
• Cohabitant
• Dating partner (boyfriend or girlfriend)
• Parent
• Child

The covered relationships also extend to siblings, grandparents, in-laws, and anyone with whom you share or have shared a dating relationship, past or present.

How to Obtain a Domestic Violence Restraining Order in California

If a current or former spouse, romantic partner, co-parent, or close family member inflicts or attempts to inflict physical injury on you, sexually assaults you, makes you fear for your safety, stalks you, harasses you, threatens you, or otherwise disturbs your peace, you may qualify as a victim of domestic violence under California law.

That means you may be eligible for a domestic violence restraining order (DVRO) from civil court, or a criminal protective order from criminal court. A DVRO can order the restrained person to stop contacting you and your loved ones, stay away from places you and your family frequent, move out of the family home, and surrender any weapons. Protection can extend to your children and other household members, and temporary orders for child or spousal support can be included as part of the process.

California recognizes four main types of domestic violence protective orders:

• Emergency Protective Order (EPO) - When police respond to a domestic violence call after hours or on a weekend, an officer can contact a judge directly and request an EPO that takes effect immediately. The judge must find that you or your child faces an immediate danger of domestic violence. An EPO is generally valid for five business days or seven calendar days, whichever is sooner, giving you time to go to court and request a longer-term order.
• Temporary (ex parte) Restraining Order (TRO) - When you apply for a DVRO, the court schedules a full hearing, generally within three weeks. If you’re in immediate danger while you wait, you can request a temporary restraining order that stays in place until that hearing.
• Domestic Violence Restraining Order (DVRO) - At the full hearing, both sides have an opportunity to present evidence. If the judge grants the order, a “permanent” restraining order is issued. This order can last up to five years and can be renewed.
• Criminal Protective Order (Stay-Away Order) - If the district attorney files domestic violence charges, the court may also issue a criminal protective order that lasts for the duration of the criminal case. Under California Penal Code § 136.2, if the defendant pleads or is found guilty, the order can last up to 10 years.

Our Roseville domestic violence attorneys can help you pursue a restraining order and guide you through each step of the process.

How a Domestic Violence Case Moves Forward in Roseville

When a domestic violence incident is reported in Roseville, multiple systems can become involved at once. Law enforcement may respond, take statements, document injuries, and make an arrest, which can open a separate criminal case alongside any family law proceedings. These tracks run on different timelines, each with its own deadlines, paperwork requirements, and evidentiary standards. Planning for your immediate safety while also thinking through longer-term decisions about your home, finances, and children requires keeping both tracks in view simultaneously.

Restraining order forms are filed at the Hon. Howard G. Gibson Courthouse in Roseville, the primary Placer County Superior Court facility for family law and domestic violence hearings. You may have appearances there for restraining orders, custody, and support while a criminal case moves on a separate schedule at the same courthouse. The Gibson Courthouse also houses a Self-Help Center where self-represented parties can get assistance with family law and restraining order forms. Our attorneys have handled family law matters in Placer County courts for nearly two decades. We can help coordinate your approach across both proceedings so your account is presented clearly and consistently in each venue while your legal rights stay protected.

Schedule a Consultation with Bez Law Firm, P.C.

Our Roseville domestic violence attorneys have devoted their careers to helping families navigate situations exactly like yours. Whether you need protection or need to defend yourself against a wrongful accusation, we’re here to stand up for your rights.

Contact us online or call (916) 512-8944 to schedule your consultation with our Roseville domestic violence attorneys today!

Domestic Violence Resources in Roseville and Placer County

Navigating a domestic violence situation is hard enough without having to search for help on your own. Placer County residents have access to several local organizations that can provide immediate support alongside legal representation.

Key local resources include:

• Placer County Behavioral Health Division for counseling, crisis intervention, and referrals to community support services.
• Placer County District Attorney’s Office for information about criminal cases, victim-witness assistance, and enforcement of protective orders.
• Local shelters and advocacy groups that offer safe housing, safety planning, and practical help with transportation, childcare, and basic needs.
• Gibson Courthouse Self-Help Center for assistance with family law and restraining order forms for those navigating proceedings without an attorney.

Our attorneys are active in the Sacramento legal community, with firm members serving on the board of the Women Lawyers of Sacramento (WLS). We also donate 25 percent of our consultation fees to local charities because our commitment to families in this region extends beyond the courtroom.

Commonly Asked Questions