Domestic Violence and Child Custody in California: Understanding the Morales Case and Its Legal Impact

A recent arrest in San Bernardino has put the spotlight on domestic violence and the long-lasting impact it can have on families and children. On the first week of November 2025, a woman arrived injured and terrified at a police station at 2:30 a.m. She reported that her husband, Mr. Morales, had beaten her, threatened her with a gun, and kept her from leaving their home. Four young children were inside the home during the incident, and Mr. Morales had a history of violence toward them as well.

Police removed the children safely and later located Mr. Morales, arresting him after a high-risk traffic stop. Several firearms and large quantities of ammunitions were recovered from the residence. He now faces multiple charges, including criminal threats and false imprisonment.

This case is not uncommon. Because domestic violence affects more than just the immediate victim, California law takes allegations and convictions very seriously, especially when children are involved.

If you or someone you know is suffering from domestic violence, many resources offering help are available. And the domestic violence attorneys at Cardwell Steigerwald Young LLP can also speak with you specifically about the details of your case and provide formal legal guidance.

What Counts as Domestic Violence?

The Domestic Violence Prevention Act (DVPA), codified in California Family Code sections 6200-6320, provides the law to protect survivors against abuse. Section 6211 defines domestic violence as abuse perpetrated against any of the following persons:

• A spouse or former spouse.
• A cohabitant or former cohabitant, as defined in Section 6209.
• A person with whom the respondent is having or has had a dating or engagement relationship.
• A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act.
• A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.
• Any other person related by consanguinity or affinity with the second degree.

Section 6203 defines “abuse” as any of the following:

• To intentionally or recklessly cause or attempt to cause bodily injury.
• Sexual assault.
• To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
• To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
• Abuse is not limited to the actual infliction of physical injury or assault.

Section 6320 provides the court’s authority to issue emergency temporary orders to protect a part from certain behaviors like molesting, stalking, or harassing another person, or disturbing their peace. These orders can also include provisions for the safety of pets and protection of property. The definition of “disturbing the peace” has been expanded to explicitly include patterns of coercive control, such as isolating someone from support or depriving them of basic necessities.

When Domestic Violence Affects Custody

Special California laws guide how a judge will decide custody matters when there are allegations of domestic violence, or convictions of the same.

Which law applies in your situation will depend on:

• When the abuse happened, and
• Whether a court was already involved.

Convictions or Restraining Orders

If a parent has been convicted of a domestic violence offense or committed domestic violence within the past five years, judges are required to follow California Family Code section 3044. This section creates a rebuttable presumption that it is not in a child’s best interest to award sole or joint custody to a parent who has committed domestic violence within in the last five years. This presumption is designed to protect children from domestic violence and applies when a court finds the perpetrator has committed domestic violence. To overcome the presumption, the perpetrator must prove by a preponderance of the evidence that granting them custody (physical and or legal custody) is in the child’s best interest and the court must make specific written findings to support this decision by considering the following:

• The parent who perpetrated domestic violence has demonstrated that giving sole or joint physical or legal custody of the child to the parent is in the best interest of the child.
• The parent has successfully complete a batterer’s treatment program that meets the criteria outlined in Section 1203.097(c) of the Penal Code.
• The parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines counseling is appropriate.
• The parent has successfully completed a parenting class, if the court determines the class to be appropriate.
• The parent is on probation or parole, and has or has not complied with the terms and conditions of probation or parole.
• The parent is restrained by a protective order or restraining order, and has or has not complied with its terms and conditions.
• The parent has committed further acts of domestic violence.
• The court has determined pursuant to Section 6322.5 that the parent is a restrained person in possession or control of a firearm or ammunition in violation of Section 6389.

Temporary restraining orders are almost always issued from the start of a domestic violence case until the perpetrator is given the opportunity to defend his or her position. Once in place, they can restrict contact, limit movement, immediately suspend custody or visitation, and prohibit firearm possession. For many survivors, the temporary restraining order is the first layer of safety.

Contact Cardwell Steigerwald Young LLP

Domestic violence affects lives in countless ways. When you are ready for formal, experienced advice and legal counsel contact an experienced San Francisco domestic violence attorney with Cardwell Steigerwald Young LLP.

Sources:

ktla.com/news/local-news/woman-held-at-gunpoint-beaten-by-husband-in-southern-california-sbsd/

abcnews.go.com/US/domestic-violence-victim-hand-signals-suspect-arrested-police/story?id=125215720