Court Erred In Not Considering Domestic Violence When Ordering Custody Of Children.

Without considering the effect of domestic violence restraining orders against the father or finding any significant change in circumstances, the trial court modified an earlier custody order which gave sole legal and physical custody of the children to their mother. The new order granted joint legal and physical custody to the parents. The appellate opinion discusses assertions the father committed abuse, including pulling the mother’s hair and squeezing her hand so hard as she held her car keys that her hand bled, bending her car keys, grabbing the steering wheel as she was driving, punching her, strangling her, kicking her and stomping her. The first restraining order was issued in 2005, the second in 2006, three more in 2008 and one in 2011. In reversing the new custody order, the appellate court found the trial court erred when it failed to apply the rebuttable presumption set forth in Family Code section 3044(a), that an award of custody of a child to someone who has perpetrated domestic violence within the previous five years is detrimental to the best interest of the child. (Christina L. v. Chauncey B. (Cal. App. First Dist., Div. 4; September 9, 2014) 229 Cal.App.4th 731, [177 Cal.Rptr.3d 178].)