Q: I was granted sole legal and physical custody of my daughter after my ex wife was arrested for assaulting her.

A: California Family Code Section 3044 establishes a rebuttable presumption against awarding joint physical or legal custody to a parent who has been found to have committed domestic violence within the previous five years. If there is evidence of domestic violence, the court will presume that joint custody is not in the best interest of the child unless the offending parent can prove that granting custody would not endanger the child. The purpose of this provision is to protect the child from potential harm and to ensure that decisions regarding custody and visitation prioritize the child's safety and well-being. The presumption can be rebutted by presenting evidence that the parent has changed their behavior or that the circumstances of the case justify a different arrangement. This law aims to provide safeguards for children exposed to domestic violence while also allowing for the possibility of custody and visitation if the situation improves. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: Based on the concerning pattern of behavior you've described, it is highly unlikely that your ex-wife would be granted custody given her multiple arrests, violation of court orders, and documented child abuse. The court's primary focus is always the best interest and safety of the child, and her actions demonstrate she poses significant risks to your daughter's wellbeing.

Her continued violations of the restraining order, DUI arrests, and criminal behavior will weigh heavily against her in the custody hearing. The fact that she was already ordered to take anger management and parenting classes, yet continues to engage in dangerous and illegal behavior, shows she hasn't made the necessary changes to provide a safe environment for your daughter.

Your best course of action is to document everything thoroughly - keep records of all arrests, restraining order violations, and any other concerning incidents. Consider requesting supervised visitation only if and when she completes her court-ordered programs and demonstrates sustained behavioral changes. In the meantime, focus on providing a stable, loving environment for your daughter and consider working with a family counselor to help her process these difficult circumstances.