Can a DVRO Affect Custody or Visitation in California?

Understanding the Connection Between DVROs and Custody

Domestic Violence Restraining Orders (DVROs) play a critical role in protecting victims and children from abuse. But when a DVRO is issued in a family law case, it can also have significant consequences for child custody and visitation rights.

In California, the court’s top priority is always the best interests, safety, and well-being of the child. If domestic violence is proven, the law requires judges to consider how that violence affects parenting ability and whether it poses a continuing threat to the child or the other parent.

How a DVRO Impacts Custody Decisions

Under California Family Code § 3044, if a court finds that a parent has committed domestic violence against the other parent, Siblings, child or against a person with whom the party has a relationship within the past five years, there is a legal presumption that granting that parent custody is not in the child’s best interests.

This presumption doesn’t automatically terminate parental rights, but it shifts the burden. The restrained parent must present clear evidence showing that giving them custody would still benefit the child.

To determine custody after a DVRO, the court may consider:

• Whether the abusive parent has completed a batterer’s intervention program
• Evidence of ongoing or discontinued abuse
• Compliance with restraining orders and visitation restrictions
• The child’s physical and emotional safety
• Whether the parent has shown the ability to co-parent respectfully and responsibly

If the court believes visitation can occur safely, it might order supervised visitation or impose strict conditions to ensure the child’s protection.

“​​One of the most common misconceptions is that if a DVRO is granted, it automatically terminates or removes a parent’s legal and physical custodial rights. In reality, a DVRO creates a rebuttable presumption—and the key word is rebuttable. Many clients facing a DVRO do not realize that there are several proactive steps they can take from the outset to begin laying the foundation for overcoming this presumption. These may include completing a 52-week batterer’s intervention program, participating in substance abuse treatment or parenting classes (if relevant to the allegations), voluntarily engaging in therapy or counseling, and consistently demonstrating that there have been no further incidents of violence, threats, or intimidation. Taking these steps early not only shows accountability and willingness to change but also helps build a record that may support future requests to modify custody or visitation orders.” -Ashley Bell

Visitation Rights and Safety Measures

Even when a Domestic Violence Restraining Order (DVRO) is in place, the court recognizes that, in some cases, maintaining a safe relationship between the child and both parents can be beneficial. However, safety always comes first. Judges carefully evaluate the circumstances before allowing any visitation, often putting protective measures in place to minimize risk.

Common court-ordered arrangements include:

• Supervised visitation centers: Visits take place at approved facilities monitored by trained professionals to ensure the child’s safety and emotional comfort.
• Neutral exchange locations: Parents may be required to pick up and drop off the child at safe, public places or through a third party to avoid direct contact.
• Limited or structured communication: The court may restrict parents to using monitored messaging apps or designated intermediaries to discuss child-related matters.
• Temporary suspension of visitation: If the court believes visitation could cause harm or distress to the child, it may pause all contact until it is deemed safe to resume.

These measures are designed to protect the child while preserving the opportunity for a healthy parent-child bond whenever possible. The court’s ultimate goal is to create a parenting plan that promotes stability, emotional security, and physical safety for the child at every stage of the process.

“Once a DVRO is in place, the most important thing a parent can do is stay focused on safety and follow-through. Keep detailed records, comply fully with court orders, and communicate through proper channels only. Judges look for consistency and calm — it shows you’re protecting your child, not prolonging conflict.” -Garen Gevorkian

Can a Parent Overcome a DVRO Custody Presumption?

Yes, but it’s a difficult process that requires clear, convincing evidence of change. When a Domestic Violence Restraining Order (DVRO) is in place, California law creates a presumption that awarding custody to the restrained parent is not in the child’s best interest. However, this presumption can be overcome if the parent demonstrates meaningful rehabilitation and a commitment to the child’s well-being.

To do this, the parent must show the court that they have taken significant, verifiable steps toward change, such as:

• Completing court-ordered programs (anger management, substance abuse, parenting courses)
• Demonstrating consistent positive behavior over time
• Providing evidence of rehabilitation and support from neutral parties (e.g., therapists or counselors)
• Showing that continued contact is emotionally beneficial for the child

The court carefully evaluates each case, often requiring expert evaluations or child custody investigations before making long-term decisions.

When to Seek Legal Help

Because DVRO findings have long-term implications on custody, support, and even relocation rights, having an experienced family law attorney is essential. A skilled lawyer can help you:

• Present or defend against evidence of domestic violence
• Request temporary custody and protective orders
• Negotiate safe visitation arrangements
• Navigate post-DVRO custody modifications

These cases are sensitive and often emotionally charged. Professional legal guidance ensures that your rights and your child’s safety remain protected at every step.

How Cage & Miles Can Help

At Cage & Miles, our Certified Family Law Specialists have extensive experience handling DVRO and custody matters throughout California. Whether you’re seeking protection or defending against allegations, our attorneys provide the strategic, compassionate representation these cases demand.

We help clients:

• Understand their rights under Family Code
• Prepare strong, evidence-based arguments
• Navigate mediation and court hearings
• Protect children’s well-being through practical, long-term solutions

Our team’s depth of experience ensures every client receives guidance tailored to their circumstances, with a focus on safety, fairness, and results.

Key Takeaways

• A DVRO can significantly affect custody and visitation in California.
• Courts prioritize child safety and presume custody is not in the abusive parent’s best interest for five years after a DVRO finding.
• Supervised visitation or limited contact may be allowed under strict safeguards.
• Legal representation is essential to navigate these complex situations.

FAQs About DVROs and Child Custody in California

Can a parent with a DVRO still get custody in California?

In most cases, a parent who has a Domestic Violence Restraining Order (DVRO) against them faces a legal presumption that granting them custody is not in the child’s best interest. However, this presumption can be overcome if the parent shows genuine rehabilitation. Such as completing counseling, parenting, or anger management programs, and can prove that contact benefits the child’s well-being.

How long does a DVRO affect custody decisions?

A DVRO can impact custody as long as it remains active, typically between 1 to 5 years, or longer if renewed. Even after it expires, courts may still consider the past domestic violence when making custody or visitation decisions, especially if there’s evidence of ongoing risk.

Does a DVRO automatically end a parent’s visitation rights?

Not necessarily. Courts may allow supervised visitation or structured contact if it can be done safely. The judge’s goal is always to protect the child while maintaining a meaningful parent-child relationship whenever possible.

Can a DVRO be used falsely to gain custody advantage?

False claims are rare, but they can happen. Judges look for credible, consistent, and corroborated evidence before issuing or upholding a restraining order. If a false allegation is proven, it can negatively affect the accuser’s credibility and their custody case.

How can a family law attorney help if a DVRO affects custody?

A skilled family law attorney can help gather evidence, represent you in hearings, and present your case clearly to protect your parental rights. Whether you’re seeking protection or responding to a restraining order, legal guidance is crucial for achieving a fair, safe outcome for you and your child.