Can a Domestic Violence Charge Affect Your Ability to Visit Your Children in Bakersfield?

For a parent accused of domestic violence, one of the most frightening questions may have nothing to do with jail:

“Am I still allowed to see my children?”

The answer depends on the circumstances and, importantly, on any court orders currently in effect.

A domestic violence allegation can result in restrictions affecting contact with a spouse or partner and, in some cases, contact with children.

Read the protective order carefully

After a domestic violence arrest, a criminal court may issue a protective order.

The terms of that order can vary.

It may restrict contact with the alleged victim, require the accused person to stay away from a particular residence, or impose other conditions while the criminal case is pending.

If children are included as protected persons, the order may directly affect contact with them.

Criminal court and family court can overlap

A parent may simultaneously be dealing with:

• A criminal domestic violence case
• A criminal protective order
• An existing child custody order
• A family-court proceeding

This can become complicated when different orders address contact with the same family members.

Do not assume that an older custody schedule automatically overrides a newer protective order.

A domestic violence allegation does not automatically terminate parental rights

Being accused of domestic violence is not the same as being convicted, and an arrest does not automatically eliminate someone's parental rights.

However, courts take allegations involving family violence seriously.

Depending on the circumstances, restrictions may be imposed while the allegations are being investigated or litigated.

Supervised visitation may become an issue

In some situations, a court may permit contact with children only under specified conditions.

That could potentially include supervised visitation or other restrictions designed to control how and where contact occurs.

The exact arrangement depends on the orders entered in the individual case.

Violating an order can make the situation worse

A parent who believes a restriction is unfair may be tempted to contact the children anyway.

That can create serious problems.

Violating a protective order may lead to additional criminal allegations and can also complicate related custody proceedings.

If an order prevents contact that you believe should be permitted, the proper response is to seek legal relief—not simply ignore the order.

Keep the criminal and custody issues in mind together

Statements and conduct in one proceeding may affect another.

For example, messages to a former partner about seeing the children may become relevant if a no-contact order is in place.

Likewise, allegations made in a criminal case may arise in family court.

Understanding how the proceedings interact can help avoid unintended consequences.

What you should do now

If domestic violence charges are affecting contact with your children:

1. Read every protective and custody order carefully.
2. Determine whether your children are specifically included in any protective order.
3. Do not violate an order even if the other parent invites contact.
4. Keep copies of all criminal-court and family-court documents.
5. Speak with a domestic violence lawyer about how the criminal case may affect your ability to see your children.

Protecting your relationship with your children begins with understanding—and complying with—the orders currently in effect.

Speak with a Bakersfield domestic violence lawyer today

If you are facing domestic violence charges in Bakersfield, Martens Law Firm can review your case, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm