Case Alert: Noble v. Superior Court (2021)

(1) Restraining orders from other states affect child custody decisions made by California courts. If an out-of-state restraining order meets certain conditions, the California court must apply the Family Code § 3044 presumption against awarding custody to abusers.

(2) Courts must tell parents in custody proceedings about the Family Code § 3044 presumption before sending them to mediation.

(3) If allegations of domestic violence are raised in any case, a custody court must determine whether DV occurred before it can issue any custody orders, including temporary orders.