Violence Between Adults, Risk to the Child
Most domestic violence cases in dependency court are filed under WIC 300(b), as a failure to protect. But in some cases the county uses 300(a), the physical abuse subdivision, even though the violence was between the adults.
The theory is that a child caught near the violence is at substantial risk of being hurt by it. In In re Giovanni F. (2010) 184 Cal.App.4th 594, the court upheld a 300(a) finding where a father attacked the mother while their baby was in the car with them.
Facts that make a 300(a) theory more likely include:
ā¢ -The child was physically present, or held, during the violence
ā¢ -Weapons, or objects thrown in the child's direction
ā¢ -A pattern of repeated incidents
A 300(a) finding can carry more weight later in the case than a 300(b) finding, because it labels a parent as having put the child at risk of physical abuse. That makes it worth challenging when the facts don't support it.
If domestic violence is part of your case, steps that reduce risk matter: separation, a restraining order, a domestic violence program and a written safety plan.
If you're facing a domestic violence allegation, call me at (855) 472-7368 for a free consultation.