California California

Alimony Guide - Spousal Support Laws

California | Duties of Child Protective Services in Domestic Violence Cases

Statute(s)

  • Cal. Welf. & Inst. Code § 302
  • Cal. Penal Code § 13732
  • Cal. Welf. & Inst. Code § 16208

Official Law Text

			    			The social worker shall keep confidential the address of any parent who is known to be the victim of domestic violence. The Legislature finds and declares that a substantial body of research demonstrates a strong connection between domestic violence and child abuse. However, despite this connection, child abuse and domestic violence services and agencies often fail to coordinate appropriately at the local level. It is the intent of the Legislature in enacting this section to improve preventative and supportive services to families experiencing violence in order to prevent further abuse of children and the victims of domestic violence. It is the further intent of this section that child protective services agencies develop a protocol which clearly sets forth the criteria for a child protective services response to a domestic violence related incident in a home in which a child resides. The State Department of Social Services, in consultation with the Child Welfare Training Advisory Board, shall contract with the University of California or the California State University system to develop a statewide protocol for telephone screening of emergency response referrals to protect children from abuse and neglect, to be called the Emergency Response Protocol. The Emergency Response Protocol shall incorporate written procedures for screening each referral of abuse or neglect to assess whether abuse of another family or household member is occurring. This additional domestic violence assessment and referral criteria shall be developed by the department in consultation with domestic violence victims' advocates, and other public and private agencies that provide programs for victims of domestic violence or programs of intervention for perpetrators and the County Welfare Directors Association.
			    			

California | Domestic Violence and Military Deployment

Statute(s)

  • Cal.Fam.Code § 3047

Official Law Text

			    			If a party with sole or joint physical custody or visitation receives temporary duty, deployment, or mobilization orders from the military that require the party to move a substantial distance from his or her residence or otherwise has a material effect on the ability of the party to exercise custody or visitation rights, any necessary modification of the existing custody order shall be deemed a temporary custody order made without prejudice, which shall be subject to review and reconsideration upon the return of the party from military deployment, mobilization, or temporary duty. Upon a motion by the relocating party, the court may grant reasonable visitation rights to a stepparent, grandparent, or other family member.
			    		

California | Relocation Because of Domestic Violence

Statute(s)

  • Fam. Code §§ 3020 & 3046

Relocation due to domestic violence as a factor when determining residence

			    			The Legislature finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child. The Legislature also finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contact would not be in the best interest of the child. Where the policies set forth above are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.
			    		

Parent absence/relocation due to domestic violence not weighted against parent in custody or visitation determination

			    			If a party is absent or relocates from the family residence, the court shall not consider the absence or relocation as a factor in determining custody or visitation in either of the following circumstances: (1) The absence or relocation is of short duration and the court finds that, during the period of absence or relocation, the party has demonstrated an interest in maintaining custody or visitation, the party maintains, or makes reasonable efforts to maintain, regular contact with the child, and the party's behavior demonstrates no intent to abandon the child, or (2) The party is absent or relocates because of an act or acts of actual or threatened domestic or family violence by the other party.
			    		

California | Domestic Violence Mandatory Training For Judges

Statute(s)

  • Cal.Gov.Code § 68555
  • 2014 California Rules of Court Rule 10.464

Official Law Text

		    			The Judicial Council shall establish judicial training programs for individuals who perform duties in domestic violence matters, including, but not limited to, judges, referees, commissioners, mediators, and others as deemed appropriate by the Judicial Council. The training programs shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges and an annual training session on domestic violence. The training programs shall include instruction on all aspects of domestic violence. Each judge or subordinate judicial officer who hears criminal, family, juvenile delinquency, juvenile dependency, or probate matters must participate in appropriate education on domestic violence issues as part of his or her requirements and expectations under rule 10.462. Each judge or subordinate judicial officer whose primary assignment is in one of these areas also must participate in a periodic update on domestic violence as part of these requirements and expectations.
		    		

California | Domestic Violence Mediation

Statute(s)

  • § 3164 § 3170 § 3181

Can court mandate mediation in custody cases?

			    			Yes. If it appears on the face of a petition, application, or other pleading to obtain or modify a temporary or permanent custody or visitation order that custody, visitation, or both are contested, the court shall set the contested issues for mediation.
			    		

Are there provisions?

			    			Domestic violence cases shall be handled by Family Court Services in accordance with a separate written protocol approvedby the Judicial Council.
			    		

Are there exceptions?

			    			In a proceeding in which mediation is required pursuant to this chapter, where there has been a history of domestic violence between the parties or where a protective order is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or protected by the order, the mediator appointed pursuant to this chapter shall meet with the parties separately and at separate times.
			    		

Who can mediate?

			    			The mediator may be a member of the professional staff of a family conciliation court, probation department, or mental health services agency, or may be any other person or agency designated by the court.
			    		

California | Domestic Violence Primary Aggressor

Statute(s)

  • Penal Code § 13701 Penal Code § 836

Official Law Text

		    			These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense. In situations where mutual protective orders have been issued, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the primary aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the primary aggressor involved in the incident. The primary aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the primary aggressor, an officer shall consider: (A) the intent of the law to protect victims of domestic violence from continuing abuse; (B) the threats creating fear of physical injury; (C) the history of domestic violence between the persons involved; and (D) whether either person involved acted in self-defense.
		    		


** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/california/domestic-violence