In Orange County, domestic violence does not only affect adults—it can have serious legal consequences when children are involved. Even if a child is not physically harmed, simply witnessing domestic violence can trigger a Child Protective Services (CPS) investigation under California law. When CPS receives a report—often from teachers, doctors, or law enforcement—it may open a case under Welfare and Institutions Code § 300 if the child is believed to be at risk. This can lead to court involvement and possible limitations on parental rights. Social workers may come to your home to conduct a CPS investigation and interview your child(ren) about the events and circumstances surrounding the domestic violence.

In family court, domestic violence directly impacts custody. California Family Code § 3044 creates a presumption that awarding custody to a parent who has committed domestic violence within the past five years is not in the child’s best interest. This applies even if the child only witnessed the abuse. To overcome this presumption, the offending parent must present clear evidence of rehabilitation and show that custody would not endanger the child.

Protective orders often follow CPS involvement. These include emergency protective orders (EPOs), temporary restraining orders (TROs), or permanent domestic violence restraining orders (DVROs), all of which can restrict the abusive parent’s contact with the child.

The bottom line: courts in California put child safety first. If you are facing issues involving domestic violence, CPS, or custody disputes, consult an experienced juvenile dependency law attorney. Understanding your rights and obligations is critical in protecting your child and your legal position.