The change comes as domestic violence continues to affect families across Los Angeles County, where an average of 36 intimate partner violence-related homicides occur each year. According to the Los Angeles County Department of Public Health, 20 percent of women and 13 percent of men in the county report being physically or sexually abused by an intimate partner. Nationally, approximately 847,000 cases of intimate partner violence against victims age 12 and older are reported annually.<\/p>\n
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Under the updated law, a parent\u2019s illegal access to firearms\u2014including possession that violates restraining orders, probation conditions, or state and federal statutes\u2014can now directly influence custody outcomes. Courts already presume against granting custody to a parent who has committed domestic violence. The new provision strengthens that presumption by treating firearm violations as evidence of ongoing risk.<\/p>\n
\u201cA parent who violates a firearm restriction during a custody case isn\u2019t just facing criminal charges\u2014they\u2019re handing the other side a powerful argument for sole custody,\u201d said Charles M. Green, a Certified California Family Law Specialist and licensed CPA with 27 years of experience in California divorce proceedings.<\/p>\n
The law also works in conjunction with other recent legislative changes. Assembly Bill 2759, effective January 2025, requires immediate surrender of all firearms and ammunition when a domestic violence protective order is issued. Courts are now required to search the Department of Justice Automated Firearms System before issuing or denying protective orders\u2014meaning violations are more likely to be discovered and documented. Assembly Bill 2308, also effective January 2025, extended the maximum duration of domestic violence restraining orders from five years to ten years, with the possibility of permanent orders in certain cases.<\/p>\n
For parents navigating child custody disputes where domestic violence is alleged, compliance with firearm restrictions has become a critical factor in case strategy. A single violation\u2014even one that does not result in criminal prosecution\u2014can now be cited as grounds to deny custody or reduce parenting time. The burden falls on the accused parent to demonstrate that granting custody would be in the child\u2019s best interest.<\/p>\n