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Domestic violence restraining orders are serious legal tools intended to protect individuals from abuse, harassment, or threats by someone they have a close personal relationship with—such as a spouse, ex-partner, or co-parent. However, whether due to confusion, miscommunication, or emotional tension, people sometimes violate the terms of these orders. If you’ve been accused of violating a domestic violence restraining order (DVRO) in California, it’s essential to understand the consequences, your rights, and your options. At Flores Legal Allies, we represent clients across San Diego and Los Angeles who are navigating these complex, high-stakes situations. We don’t just defend cases—we support people. We listen, we strategize, and we help you regain control during a stressful legal experience. We’ll explain what constitutes a violation, what penalties you may face, and how an experienced defense attorney can help you move forward. What Is a Domestic Violence Restraining Order? A domestic violence restraining order is a court-issued order that prohibits a person (the “restrained party”) from contacting, harassing, threatening, or being near another person (the “protected party”). In California, domestic violence restraining orders are governed by Family Code §§ 6200–6409. These orders can: Require the restrained party to stay a certain distance away from the protected party Prevent all forms of communication (calls, texts, emails, social media, third parties) Order the restrained party to move out of a shared residence Limit or restrict contact with children Prohibit firearm possession or purchase Restraining orders are often issued after a court finds credible evidence of past abuse or threats of future harm. Types of Violations You can violate a restraining order in several ways—even unintentionally. Violations can be physical, verbal, digital, or indirect. Examples include: Calling, texting, or emailing the protected person Liking or commenting on their social media posts Showing up at their home, workplace, or school Attempting to send a message through a mutual friend or family member Possessing a firearm when prohibited by the order Important: Even if the protected person initiates contact, you can still be charged with a violation. Only the court can change or cancel a restraining order—not the person protected by it. Is a Violation a Criminal Offense? Yes. Violating a domestic violence restraining order is a criminal offense under California Penal Code § 273.6. It’s not a simple infraction or civil violation—it can lead to jail time and a permanent mark on your criminal record. To be convicted, the prosecution must prove: A valid restraining order was issued by a court. You knew about the order. You had the ability to follow the order. You willfully violated the order. “Willfully” means the action was done on purpose, not necessarily with malicious intent. Even if you didn’t mean to cause harm, a deliberate action that violates the order can still lead to charges. Penalties for Violating a Restraining Order The penalties depend on whether it’s a first offense or a repeat violation, and whether the violation involved violence, threats, or injury. First Offense (Misdemeanor) Up to 1 year in county jail A fine of up to $1,000 Mandatory counseling or batterer intervention program Criminal protective order issued or extended Community service or probation Aggravated Violation (Involving Violence or Injury) Can be charged as a felony State prison sentence of up to 3 years Fines up to $10,000 Formal probation Additional penalties for causing bodily harm Repeat Violations If you’ve violated a restraining order before or have prior domestic violence convictions, prosecutors may pursue felony charges even for minor violations. You may face enhanced sentencing and longer jail time. Can You Be Arrested Without a Warrant? Yes. California law allows law enforcement officers to arrest you without a warrant if they have probable cause to believe you violated a restraining order. This can happen even if the violation was reported after the fact. For example, if the protected person claims you texted them or drove by their house and they call the police with supporting evidence (like a screenshot or surveillance footage), you can be arrested on the spot. How a Restraining Order Violation Impacts Other Legal Matters Violating a DVRO can affect several areas of your life: 1. Child Custody or Visitation Judges may view a violation as a sign that you are unwilling or unable to follow court orders. This can lead to loss of custody, supervised visitation, or termination of parental rights. 2. Immigration Status For non-citizens, a conviction can be considered a “crime involving moral turpitude” or a “domestic violence-related offense,” which may result in deportation or denial of citizenship. 3. Firearm Rights Under both California and federal law, being subject to a DVRO or convicted of a domestic violence-related offense prohibits you from owning or possessing firearms. Violating this can lead to additional criminal charges. Defenses Against a Restraining Order Violation Being accused does not mean you’re guilty. At Flores Legal Allies, we thoroughly investigate the facts and develop customized defense strategies. Common defenses include: 1. Lack of Knowledge If you were not properly served with the restraining order, or genuinely unaware of its terms, you may not be held legally responsible for the violation. 2. Accidental or Incidental Contact Running into the protected person in public—without intent to communicate—may not qualify as a willful violation. 3. False Allegations Sometimes, restraining orders are used as leverage in custody disputes or relationship breakdowns. We’ve seen cases where the protected person fabricates violations out of spite or to gain legal advantage. 4. No Violation Occurred If the alleged contact didn’t happen, or someone else was responsible (e.g., a hacked account, misidentified phone number), we can present that evidence to challenge the charges. Why You Should Never Ignore or Take a DVRO Lightly Some people underestimate the seriousness of a restraining order—especially if they believe the protected person is overreacting or wants to reconcile. However, once the order is issued by the court, it is enforceable until modified or terminated by a judge. Even well-meaning contact can lead to criminal charges. For example, texting “I’m sorry” or

Living in close quarters with others—whether in an apartment complex, condo building, or residential neighborhood—can sometimes lead to tension. One common source of that tension? Noise complaints. Whether it’s loud music, a barking dog, or a late-night gathering, disputes over noise can escalate quickly. But what happens when your neighbor takes things a step further and tries to file a restraining order? At Flores Legal Allies, we defend clients in San Diego and Los Angeles facing all types of criminal and civil allegations, including restraining orders. In this article, we’ll explain whether a neighbor can file a restraining order over noise complaints in California, what legal standards apply, and how you can defend yourself if you find yourself on the receiving end of such a petition. What Is a Restraining Order? A restraining order—also known as a protective order—is a court order designed to prevent one person from harassing, threatening, or harming another. Restraining orders can place legal limits on contact, communication, and even proximity. In California, there are several types of restraining orders: Domestic Violence Restraining Orders Civil Harassment Restraining Orders Workplace Violence Restraining Orders Elder or Dependent Adult Abuse Restraining Orders When it comes to noise complaints between neighbors, civil harassment restraining orders are the most relevant. Civil Harassment Restraining Orders A civil harassment restraining order can be filed by someone who is not closely related to you (e.g., a neighbor, roommate, or acquaintance). Under California Code of Civil Procedure § 527.6, civil harassment includes: Unlawful violence A credible threat of violence A pattern of harassing behavior that seriously alarms, annoys, or harasses the person and serves no legitimate purpose To get a restraining order, the person filing it (called the “petitioner”) must show that the behavior is serious, repeated, and causes them substantial emotional distress. Can Noise Alone Justify a Restraining Order? Here’s where things get nuanced. Noise alone—especially occasional or unintentional noise—typically does not meet the legal standard for harassment. However, in some cases, if the noise is part of a larger pattern of targeted, malicious, or disturbing behavior, a judge may consider it harassment. Examples That Likely Would Not Justify a Restraining Order: Playing music during the day, even if it’s a little loud Hosting occasional gatherings Noisy children Sounds from pets like barking or meowing (unless extreme and ongoing) Examples That Might Justify a Restraining Order: Intentionally blasting music at night near the neighbor’s window for revenge Repeated late-night noise despite warnings or citations Harassing the neighbor with noise as part of an ongoing personal dispute Using noise as a way to intimidate or threaten Ultimately, it’s up to a judge to decide whether the noise rises to the level of “harassment.” The context matters. What Does a Neighbor Need to Prove? To obtain a civil harassment restraining order, the neighbor must file a petition with the court, which includes a declaration describing the behavior. They need to demonstrate: The noise was repeated and targeted It caused them substantial emotional distress The behavior had no legitimate purpose They feel threatened or unsafe The judge may issue a temporary restraining order (TRO) if they believe the neighbor is in immediate danger. A court hearing is usually scheduled within a few weeks to decide whether to grant a permanent restraining order (lasting up to 5 years). What Happens If You’re Served With a Restraining Order? If you are served with a temporary restraining order from a neighbor, take it seriously. You should: Read the order carefully – It will include restrictions you must follow immediately (e.g., not contacting the neighbor or going within a certain distance of their home). Do not contact the neighbor – Even to explain or apologize. This can be seen as a violation. Gather evidence – Collect any records, videos, or witness statements that support your side of the story. Consult a criminal defense or civil attorney – Especially if the allegations are exaggerated or false. You’ll be given a court date for the hearing. At the hearing, both sides can present evidence and testimony. A judge will then decide whether to grant a longer-term restraining order. Legal Consequences of Having a Restraining Order Against You If a judge grants a restraining order against you, the consequences can be significant: You may be ordered to stay away from the neighbor’s home, workplace, or certain public areas. You may have to remove yourself from shared property if you live nearby. You may lose the right to own or possess firearms while the order is in effect. The restraining order becomes part of your public record, which could affect job prospects or housing applications. Violating the order can lead to criminal charges and jail time. That’s why it’s important to fight a restraining order when it is unjustified or exaggerated. At Flores Legal Allies, we’ve represented clients falsely accused or unfairly targeted in neighbor disputes. Here are some key strategies we may use to defend you: . Show That the Noise Was Reasonable or Isolated We can argue that the noise was limited to normal daytime hours, was not excessive, or occurred during special events (like a holiday or birthday party). 2. Demonstrate Lack of Intent If the noise wasn’t malicious or targeted, we can present evidence showing you had no intention to harass or intimidate the neighbor. 3. Highlight the Petitioner’s Lack of Evidence Often, the neighbor’s claims rely on subjective feelings or vague allegations. We can challenge their version of events, especially if they lack credible evidence. 4. Bring Witnesses or Evidence Other neighbors, friends, or security footage may help disprove the neighbor’s claims. 5. Counter With Evidence of Harassment In some cases, you may be the one experiencing harassment. If the neighbor has been instigating the conflict, we may countersue or request a restraining order yourself. Should You Hire an Attorney? Yes—especially if: The accusations are false, exaggerated, or part of a broader dispute You’re concerned about how a restraining order could affect your job, housing, or legal record You’ve

If you or someone you know is facing criminal charges, understanding the exact nature of the accusation is critical—especially when it comes to property crimes like burglary and robbery. These two offenses are often confused in everyday language, but under California law, they are distinct crimes with very different legal elements and penalties. At Flores Legal Allies, we defend individuals throughout San Diego and Los Angeles facing serious criminal allegations. We don’t just represent our clients—we listen to their concerns, educate them on their rights, and bring calm to stressful legal situations. We’ll explain the core differences between burglary and robbery, using plain language where the law gets technical. Burglary: The Crime of Unlawful Entry with Intent Legal Definition Under California Penal Code § 459, burglary is defined as entering a structure with the intent to commit theft or any felony inside. The intent must exist at the time of entry. Key Elements of Burglary entry into a structure (e.g., house, apartment, office, store, or even a locked car). intent to commit a theft or felony at the time of entry. Actual theft or completion of the felony is not required the intent alone is sufficient. In other words, if someone walks into a building planning to steal something but doesn’t follow through, they can still be charged with burglary. Types of Burglary California recognizes two degrees of burglary: First-Degree Burglary This involves entering a residential structure—like a house, condo, or apartment. It is always charged as a felony. Second-Degree Burglary This typically involves businesses, storage units, or other non-residential properties. It can be charged as either a misdemeanor or a felony, depending on the circumstances and the defendant’s criminal history. Robbery: A Violent Theft from a Person Legal Definition Under California Penal Code § 211, robbery is defined as the taking of personal property from another person’s possession or immediate presence, against their will, by using force or fear. Key Elements of Robbery The victim must be present during the crime. The property must be taken directly from the person or their immediate surroundings. The act must involve force or intimidation. The intent to permanently deprive the person of their property must exist. This means robbery is a crime against a person, not just property. It is considered a violent offense, and California courts take it very seriously. Examples of Robbery Threatening someone with a weapon and taking their phone Forcefully grabbing a purse from someone’s shoulder Shoving a store clerk while taking money from the register Even if the victim is not physically harmed, the use of threats or fear is enough to elevate a theft to robbery. Major Differences Between Burglary and Robbery Here’s a breakdown of how the two crimes differ: Presence of the Victim Robbery requires the victim to be present and aware of the theft. Burglary does not. Use of Force or Intimidation Robbery always involves force or fear. Burglary can occur without any confrontation or violence. Target of the Crime Burglary targets a location. Robbery targets a person. Timing of the Crime Burglary focuses on intent at the time of entering a structure. Robbery focuses on what happens during the actual taking of property. Legal Classification Burglary may be charged as a misdemeanor or a felony, depending on the circumstances. Robbery is always a felony. Penalties for Burglary The penalties for burglary in California depend on the degree of the charge: First-Degree Burglary (Residential) Felony offense to 6 years in California state prison Strike offense under California’s Three Strikes Law Second-Degree Burglary (Commercial) Can be charged as a misdemeanor or felony Misdemeanor: Up to 1 year in county jail Felony: 16 months, 2 years, or 3 years in county jail Judges may consider factors such as prior convictions, whether the structure was occupied, and the nature of the intended crime when determining the sentence. Penalties for Robbery Robbery charges are always more severe than burglary because of their violent nature. The penalties include: First-Degree Robbery 3 to 9 years in state prison Applies if the robbery occurred in an inhabited dwelling, near an ATM, or during a carjacking Strike offense under California’s Three Strikes Law Second-Degree Robbery 2 to 5 years in state prison Applies to all other types of robbery Additional sentencing enhancements may apply if a weapon was used or if the victim suffered serious bodily injury. Can You Be Charged with Both? Yes. In some situations, a person can be charged with both burglary and robbery. Example: If someone breaks into a home (burglary) and then uses threats or violence to take property from someone inside (robbery), both charges may apply. Prosecutors often stack charges to increase pressure for a plea deal or to pursue harsher penalties. If you’re facing multiple charges, it’s essential to have an experienced criminal defense attorney to challenge overcharging and protect your rights. Common Defenses At Flores Legal Allies, we tailor each defense to the specific facts of your case. However, here are some common legal defenses we may explore: For Burglary Charges: Lack of Intent: If you did not intend to commit theft or a felony upon entering the structure. Mistaken Identity: You were not the person who entered the property. Consent to Enter: You were lawfully allowed inside the building. For Robbery Charges: No Force or Fear: The alleged victim may have handed over the property willingly, or no threats were made. False Allegations: There may be a misunderstanding or a fabricated story. No Taking of Property: You did not actually take anything or lacked intent to deprive someone of their property. Why Legal Representation Is Critical Both burglary and robbery carry serious, life-altering consequences. A conviction can result in prison time, loss of rights, damage to your reputation, and long-term barriers to employment and housing. It’s also important to know that both offenses are considered “crimes of moral turpitude.” This means a conviction can affect immigration status, licensing, and professional credentials. If you’re not a U.S. citizen, these charges can lead

Many people assume that sharing a small amount of drugs with a friend—especially if no money is exchanged—is not a serious offense. However, under California law, even giving drugs to someone for free can result in harsh criminal charges, including felony drug distribution. If you’ve been accused of drug possession or are concerned about a recent situation involving sharing, it’s crucial to understand how the law works and what your rights are. At Flores Legal Allies, we help people throughout San Diego and Los Angeles navigate drug-related charges with clarity and compassion. This article will explain how California views drug possession, what “sharing” legally means, and what happens when friendly gestures lead to criminal consequences. Understanding Drug Possession Under California Law Under California Health & Safety Code § 11350, it is illegal to possess a controlled substance without a valid prescription. Controlled substances include: Cocaine Heroin LSD Methamphetamine Ecstasy (MDMA) Certain prescription medications like oxycodone or Xanax (when possessed without a prescription) Possession can be classified in two main ways: 1. Simple Possession This means you had a controlled substance for personal use. It’s often charged as a misdemeanor and may qualify for diversion programs. 2. Possession for Sale / Distribution This charge applies when someone has drugs with the intent to give or sell them to others. No money has to change hands. Simply handing drugs to someone else—even a friend—can meet the legal standard for “distribution.” Can Sharing Drugs Be Considered a Crime? Yes. Under California law, giving drugs to someone—even as a gift—is legally considered a form of drug distribution or furnishing. What Is “Furnishing” Drugs? The legal term “furnishing” refers to providing, giving, or offering a controlled substance to another person. That means you can face felony charges for what might seem like a harmless act. Example: If you and a friend are at a party, and you hand them an ecstasy pill without charging them, that could still be charged as furnishing a controlled substance, which carries stricter penalties than simple possession. Relevant Laws for Sharing Drugs Health & Safety Code § 11352 – Transporting/Selling/Furnishing Certain Controlled Substances This law makes it a felony to sell, furnish, administer, or give away narcotics such as cocaine or heroin. Health & Safety Code § 11360 – Marijuana (Non-Medical) This law prohibits giving or transporting marijuana without a license. While recreational use is legal, sharing marijuana with minors or outside legal limits can still be a crime. Health & Safety Code § 11379 – Methamphetamine and Other Non-Narcotic Drugs This section addresses substances like meth, ecstasy, and LSD. Furnishing these substances can also lead to felony charges, even without a sale involved. What Prosecutors Look For To charge you with distribution or furnishing, prosecutors typically examine: Quantity of the drugs Packaging (e.g., individually wrapped doses) Paraphernalia (like scales, baggies) Witness statements Text messages or social media messages Whether the drug was offered or handed to someone else Even without cash or profits involved, prosecutors may still argue your actions meet the legal definition of “distribution.” Penalties for Sharing Drugs If you are convicted of furnishing a controlled substance, penalties may include: Felony record 2 to 4 years in California state prison (for many substances) Probation with jail time Fines up to $20,000 Mandatory drug treatment or diversion programs Deportation or immigration consequences for non-citizens Penalties vary depending on the drug type, quantity, age of the recipient (especially if under 18), and your criminal history. Does It Matter If It Was Your First Time? Yes. If this is your first drug-related offense, especially for a small amount, you may qualify for alternative sentencing or diversion under: Proposition 36 California Penal Code § 1000 (Pretrial Diversion) Drug Court Programs These allow eligible defendants to complete treatment or counseling instead of jail time. Upon successful completion, the case may be dismissed, helping you avoid a permanent conviction. However, diversion may not apply to felony distribution charges—especially if the substance or circumstances are considered severe. What If You Didn’t Know It Was Illegal? Many people genuinely don’t realize that handing a drug to a friend, without payment, is a crime. But unfortunately, lack of knowledge is not a valid legal defense in most criminal cases. The law operates on the idea that individuals are responsible for knowing the rules, even if the intention was casual, friendly, or harmless. Common Real-Life Scenarios Here are examples of situations that could lead to charges, even if no money was involved: A college student shares Adderall with a friend for studying Someone hands a joint to a minor at a party A person gives ecstasy to their friend during a music festival Someone picks up a prescription medication for their partner and gives it to them without being on the prescription In all of these cases, the act of sharing can be criminalized under California law. Defending Against These Charges Every drug case is different, but here are some common defenses an experienced attorney might use: 1. Lack of Knowledge You didn’t know the substance was a controlled drug (e.g., someone slipped something into your bag). 2. No Intent to Furnish The prosecution must prove you intentionally gave drugs to someone. If they can’t prove your intent, the charge may be reduced or dismissed. 3. Illegal Search or Seizure If the police found the drugs during an unlawful stop or search, evidence could be suppressed. 4. Entrapment If you were pressured or tricked into sharing drugs by law enforcement, this could be a valid defense. How Flores Legal Allies Can Help At Flores Legal Allies, we understand that drug charges often stem from misunderstandings, impulsive decisions, or peer situations—not criminal intent. We take time to listen to your story and build a legal defense strategy based on your circumstances. With offices in San Diego and Los Angeles, we’ve helped countless individuals: Get drug charges reduced or dismissed Qualify for treatment-based alternatives Avoid jail time Protect their criminal record Fight unfair prosecution from overzealous law enforcement

Being accused of shoplifting can be frightening and confusing—especially when it happens in a large retail store like Target, Walmart, Macy’s, or Sephora. These companies typically have dedicated loss prevention departments, surveillance systems, and strict internal procedures that make shoplifting allegations serious and complex. If you’re facing accusations of theft in California, it’s crucial to understand your rights, the potential consequences, and what steps to take to protect yourself. At Flores Legal Allies, we work closely with clients in San Diego and Los Angeles to ensure they’re not railroaded by aggressive prosecution or intimidated by large corporations. This guide outlines what happens after a shoplifting accusation and how you can respond strategically with the right legal support. What Is Shoplifting Under California Law? Under California Penal Code § 459.5, shoplifting is defined as: “Entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property taken or intended to be taken does not exceed $950.” This means that even if you didn’t leave the store, but you entered intending to steal something worth less than $950, you could still be charged with shoplifting. For items over $950, or if there are aggravating factors like prior convictions or violence, the charge can escalate to grand theft, which carries harsher penalties. What to Expect After Being Accused of Shoplifting 1. Being Stopped by Loss Prevention Most major retail stores have plainclothes or uniformed loss prevention officers (LPOs). These individuals are not police officers, but they are trained to observe suspicious behavior and detain suspected shoplifters. If they believe you’ve shoplifted, they may: Stop you as you exit the store Ask you to return to a back office Request to search your belongings (note: you are not legally required to consent) Ask you to sign a confession or document Threaten to call the police Important: Remain calm and do not physically resist. You have the right to remain silent. You also have the right to request an attorney before speaking or signing anything. 2. Police Involvement In many cases, especially with chain stores, the police will be called. You could be: Cited and released at the scene (like a ticket) Arrested and booked, depending on the value of items, your past record, and the store’s policies 3. Criminal Charges You will likely face one of the following: Infraction (for very minor thefts) Misdemeanor (most common for first-time offenders and amounts under $950) Felony (if the value is over $950, or you have prior convictions) A court date will be set, and you must appear—even if the store decides not to pursue civil action. Civil Demand Letters from Retailers One confusing aspect for many people is receiving a civil demand letter shortly after the incident. This letter typically comes from a law firm representing the retailer and demands payment of up to $500–$1,000 as a civil penalty, regardless of the actual value of the item stolen. Is It Legal? Yes, under California Penal Code § 490.5, retailers can pursue civil penalties. However, paying this civil fine does not eliminate your criminal charges. You should speak to a lawyer before paying. In some cases, paying the fine can be seen as an admission of guilt. In other cases, it may be a strategic move depending on the criminal process. Legal Consequences of a Shoplifting Conviction If convicted, consequences may include: Jail time (up to 6 months for a misdemeanor) Fines (up to $1,000 or more) Probation (often with mandatory theft classes or community service) Criminal record (which can affect employment, immigration status, and housing) For non-citizens, even a misdemeanor conviction can carry serious immigration consequences, including deportation or denial of naturalization. What If You’re Innocent or It Was a Mistake? Shoplifting cases often rely on store surveillance, witness testimony, and statements made under pressure. However, innocent people get accused all the time for reasons like: Forgetting to pay due to distraction Children placing items in carts or bags Cashier or scanner errors Misunderstandings about returns or exchanges Racial profiling or biased assumptions You have the right to challenge the charge and present your side. At Flores Legal Allies, we carefully examine every piece of evidence to defend clients against wrongful accusations. First-Time Offenders: Diversion and Pretrial Options If this is your first offense, and no violence or high-value theft is involved, you may be eligible for diversion programs. These allow you to avoid a conviction by completing specific court-ordered tasks, such as: Theft education classes Community service Counseling Restitution to the store Once you complete the requirements, the charge is dismissed. You can then pursue expungement to clear the arrest from your record. Your attorney can negotiate with the prosecutor for this outcome, especially if the incident was minor and you’ve shown good character. The Role of a Criminal Defense Attorney Many people accused of shoplifting—especially in chain stores—feel overwhelmed by the weight of the system. Large retailers have powerful legal teams. Police and prosecutors can be aggressive. But you are not powerless. Here’s how a skilled criminal defense lawyer like Andrew Flores at Flores Legal Allies can help: Protect your rights from the start Challenge weak or biased evidence Negotiate for lesser charges or diversion Fight for dismissal or acquittal at trial Prevent a permanent criminal record Provide peace of mind in a stressful situation We understand how a moment can spiral into a life-changing event. Our mission is to bring clarity, compassion, and control back into your life. Why Major Retailers Push for Prosecution Large retail companies often pursue aggressive legal action to: Deter future theft Recover losses Maintain internal policies Avoid employee favoritism or bias Build partnerships with law enforcement They may pressure prosecutors to file charges—even in minor or first-time cases. That’s why it’s essential to have your own advocate fighting for you. Tips if You’re Accused of Shoplifting Don’t admit guilt or try to explain on the spot Anything you say may be recorded or used against

When a person faces a domestic violence charge, the legal implications go far beyond criminal court. If you are a parent going through a custody battle, a domestic violence allegation can severely impact your chances of maintaining or gaining custody of your child. In California, the family court system takes accusations of domestic violence very seriously—and often, the presumption starts against awarding custody to the accused. This article will help you understand how domestic violence charges affect child custody outcomes, the legal framework used by California courts, and how a strategic legal ally like Flores Legal Allies can guide you through this difficult journey. What Is Considered Domestic Violence in Custody Cases? Under California Family Code § 6203, domestic violence is defined broadly. It includes: Physical abuse Sexual assault Threats of harm Harassment, stalking, or disturbing the peace Emotional or psychological abuse And importantly, it’s not limited to physical injury. Courts can consider non-physical abuse when determining custody—such as intimidation, coercion, or isolating the other parent from friends or family. Who Can Be Considered a Victim? Domestic violence doesn’t only apply to spouses. It can involve: Current or former spouses Co-parents (even if never married) People in a dating relationship People who live together or have lived together Blood relatives (e.g., siblings, parents) Presumption Against Custody for Abusers The “Rebuttable Presumption” Explained California Family Code § 3044 states that if a parent has been found by a court (within the past five years) to have committed domestic violence against the other parent or child, there is a presumption that awarding custody to that parent is not in the best interest of the child. In simple terms: The law starts with the assumption that giving custody to someone who has committed domestic violence is not safe or appropriate. The parent must prove otherwise. What Must Be Proven to Overcome the Presumption? To win custody despite a domestic violence finding, the accused parent must show that: They have completed a 52-week batterer’s intervention program They have completed substance abuse counseling (if ordered) They have followed all court orders and parole/probation terms They are not likely to commit future acts of domestic violence Even if all these are completed, the judge still has discretion. The court will weigh whether placing the child with that parent is in the child’s best interest. Impact on Different Types of Custody 1. Legal Custody Legal custody refers to the right to make decisions about a child’s: Education Health care Religious upbringing General welfare If a domestic violence finding is present, courts are reluctant to award joint legal custody, as cooperation is essential. 2. Physical Custody This involves where the child lives. A parent with a domestic violence conviction may: Lose the chance for primary custody Be granted only supervised visitation In serious cases, be barred from contact with the child Temporary vs. Permanent Effects Many custody cases begin with temporary custody orders, especially if a restraining order is issued. While these are not final, they often set the tone for the final judgment. However, with proper legal representation and rehabilitation steps, it is possible to regain custody rights over time. Courts regularly re-evaluate orders based on new behavior and evidence. False Allegations and Strategic Accusations Unfortunately, domestic violence claims can be manipulated in high-conflict custody battles. One parent may attempt to gain leverage by accusing the other of abuse, even when the facts are weak or unfounded. What to Do If You’re Falsely Accused Do not retaliate—any angry response can be used against you. Hire a skilled defense attorney immediately. Document everything: messages, witnesses, behavior. Attend all court dates and comply with restraining orders, even if unjust. Gather character evidence to show your role as a responsible parent. At Flores Legal Allies, we understand that false allegations can destroy families if not addressed strategically and compassionately. The Role of Restraining Orders in Custody If a domestic violence restraining order (DVRO) is granted against you, it can: Immediately remove you from the family home Prohibit contact with your children Create temporary custody arrangements without your input These orders are often issued quickly and with limited evidence, especially in emergency filings. That’s why it’s critical to contest them through proper legal channels. Best Interests of the Child Standard Regardless of any charge, California courts base all custody decisions on the “best interests of the child.” Some of the factors they consider include: The child’s safety and well-being Any history of abuse (toward the child, co-parent, or others) Substance abuse or mental health issues The nature and frequency of contact with both parents The ability of each parent to foster a positive relationship with the other parent Domestic violence allegations directly impact many of these considerations—especially safety, mental stability, and co-parenting capacity. How Flores Legal Allies Can Help At Flores Legal Allies, we take pride in becoming more than just your attorney—we become your partner and advocate during one of the most stressful times in your life. Whether you’re fighting to protect your relationship with your child or defending yourself against unjust accusations, we offer: Strategic legal defense to fight or mitigate the domestic violence charge Custody case preparation, including gathering character evidence and witness testimony Guidance on court-ordered requirements (classes, evaluations, etc.) Compassionate client care that keeps your emotional and legal wellbeing front and center Final Thoughts: Don’t Fight Alone> Facing a domestic violence charge while trying to maintain custody is overwhelming—but you don’t have to navigate it alone. The legal system can be intimidating, but with the right guidance and representation, you can take back control of your case and your future. How We Can Help At Flores Legal Allies, we specialize in helping parents across San Diego and Los Angeles who are navigating the dual challenges of domestic violence allegations and child custody battles. We take time to listen to your story, explain your options, and fight strategically to protect your parental rights. Let us be your ally when it matters most. Call today for a