Family Court in California: What Survivors Need to Know (Custody, Support, & 3044 Presumption)

California Family Court (Superior Court) has some of the strongest statutory protections for domestic violence survivors in the United States, but the system is complex. Recent laws—including the addition of "coercive control" to the Family Code and updates to child support guidelines (SB 343) effective late 2024/2025—have changed the landscape.

This guide explains the critical statutes you need to know to protect yourself and your children.

1. The "3044 Presumption" Against Custody

This is the most critical law for survivors in California.

• The Law (Family Code § 3044): If the court finds that a parent has perpetrated domestic violence against the other parent, the child, or siblings within the last 5 years, there is a rebuttable presumption that awarding sole or joint custody to that parent is detrimental to the child.

• What this means: The judge must assume the abuser should not have custody. The abuser then has the burden to prove they have changed.

• How to Rebut It: To overcome this presumption, the abuser generally must prove they have completed a 52-week batterer’s intervention program, remained sober, and complied with all court orders.

2. "Coercive Control" is Now Domestic Violence

Under Family Code § 6320, California expanded the definition of domestic violence to include "coercive control." This means you can get a restraining order even without physical hitting.

• Definition: A pattern of behavior that unreasonably interferes with your free will and personal liberty.

• Examples: Isolating you from friends/family, depriving you of basic necessities, controlling your movements/finances, or tracking your location without consent.

3. Mediation (CCRC) & Safety Rights

In California, parents must attend "Child Custody Recommending Counseling" (CCRC) or mediation before a judge will hear a custody case.

• The Risk: Mediation typically involves sitting in a room (or Zoom) with the other parent to negotiate.

• Your Right to Separate Sessions (Family Code § 3181): If there is a history of domestic violence or a protective order, you have the right to meet with the mediator separately (shuttle mediation). You must request this in advance.

• Support Person: Under Family Code § 6303, you are entitled to have a support person present with you during mediation, although they cannot speak for you.

4. Restraining Orders: DVRO

• Domestic Violence Restraining Order (DVRO): This is the primary tool for protection.

• Move-Out Orders: You can ask for a "residence exclusion order" (kick-out order) to remove the abuser from the family home immediately, regardless of whose name is on the lease or deed.

• Impact on Spousal Support: Under Family Code § 4325, if your spouse is convicted of a domestic violence felony or misdemeanor against you, there is a presumption that they should not receive any spousal support from you.

5. Financial Support (2025 Updates)

• Child Support: California uses a complex formula (Guidelines) based on both parents' net incomes and the percentage of parenting time. Recent updates (SB 343) have adjusted how income is calculated for high earners and how "add-ons" (like childcare) are split.

• Spousal Support (Alimony): Courts must consider documented history of domestic violence (Family Code § 4320(i)) when calculating support. This typically reduces the amount the survivor might have to pay, or increases the amount they receive to account for the impact of abuse on their career.

6. Relocation ("Move-Aways")

• The Rule: Moving a child out of the county usually requires written consent or a court order.

• The Trap: If you flee with the child without a court order, it can be seen as "gatekeeping" or abduction.

• The Safe Path: If you are fleeing immediate violence, you should generally file a Request for Order (Ex Parte) for temporary custody immediately upon leaving, explaining the emergency.

Frequently Asked Questions (FAQ)

Q1: Do I need a police report to get a Restraining Order (DVRO)?

No. While police reports are helpful evidence, they are not required. Your sworn statement (declaration) detailing the abuse, photos of injuries, text messages, and witness statements are sufficient evidence for a judge to issue a temporary order.

Q2: What is the difference between legal and physical custody?

• Legal Custody: Who makes decisions about school, doctors, and religion. (Survivors often seek "Sole Legal Custody" to avoid having to co-parent with an abuser).

• Physical Custody: Who the child lives with.

Q3: Can I record my abuser?

Be careful. California is a "two-party consent" state, meaning it is usually illegal to record someone without their knowledge. Exception: Under Penal Code § 633.5, you can record a confidential communication if you reasonably believe it will obtain evidence related to the crime of domestic violence, extortion, or kidnapping.

Q4: Will I get "50/50" custody?

Not automatically. While California policy generally favors frequent contact with both parents, Family Code § 3020 explicitly states that the health, safety, and welfare of children is the court's primary concern, outweighing the policy of frequent contact. If you prove DV, 50/50 is often legally inappropriate.

Q5: What if I can't afford a lawyer?

Every county in California has a Family Law Facilitator or Self-Help Center that can help you fill out forms for free. They cannot give legal advice, but they ensure your paperwork is correct.

Q6: What is a "730 Evaluation"?

This is a comprehensive child custody evaluation by a mental health professional. It is expensive and invasive. If one is ordered, ensure the evaluator has specific training in domestic violence and coercive control.

References & Resources

• National Domestic Violence Hotline: 1-800-799-7233

• California Courts Self-Help Guide: selfhelp.courts.ca.gov/domestic-violence

• L.A. Center for Law and Justice: Support for low-income survivors.

• Legislation: California Family Code § 3044, § 6320, § 3181.