Stevie Chapman, Esq.
Family Law & Criminal Defense Attorney at Seki Family Law in Roseville
DOMESTIC VIOLENCE & FAMILY LAW
Domestic Violence Charges and Restraining Orders: How Criminal and Family Court Interact in California
By Stevie Chapman, Esq. · Seki Family Law · Roseville, CA
Domestic violence cases in California almost never stay in one courtroom. When allegations arise, they typically trigger proceedings in both criminal court and family court simultaneously. Understanding how these two systems interact, and how decisions in one can affect the other, is essential for anyone navigating this situation.
Two Courts, One Set of Facts
A domestic violence allegation can result in a criminal charge handled by the district attorney's office and a civil restraining order sought in family court. These are separate proceedings with different standards of proof, different timelines, and different potential consequences. But they share the same underlying facts, and what happens in one proceeding can be used in the other.
A criminal conviction for domestic violence, for example, creates a legal presumption in California family court that the convicted parent should not have sole or joint custody of a child. Even an arrest without a conviction can influence how a family court judge views a custody matter.
Emergency Protective Orders and DVROs
When law enforcement responds to a domestic violence call, they can issue an Emergency Protective Order on the spot. This order can last up to seven days. After that, the protected party may seek a Domestic Violence Restraining Order through family court, which can last up to five years and can include provisions about child custody and visitation.
These orders have immediate and significant effects on family arrangements. They can remove a parent from the family home, restrict contact with children, and form the foundation of a custody argument in ongoing family law proceedings.
Restraining orders are sometimes sought based on incomplete or inaccurate accounts of events. Contesting an order requires presenting evidence and testimony in family court, while the criminal case may be proceeding simultaneously. The strategy in each proceeding needs to account for the other.
Working within a well-established family law practice in Roseville, Stevie Chapman understands how these proceedings interact. Her six years at the Public Defender's Office gave her direct experience with domestic violence cases on the criminal side, experience she now brings to clients navigating the family court side as part of Seki Family Law.
Contesting a Restraining Order
Getting the Right Help Early
Whether you are seeking protection or contesting an order, the decisions made early in these proceedings matter. An attorney who understands both the criminal and family law dimensions of domestic violence cases is in the best position to help you navigate both.
Seki Family Law serves clients throughout Placer County, Sacramento County, El Dorado County, and the greater Northern California region. Reach out through the firm to schedule a consultation.