### Holding: The five-year retrospective period in matters relating to [[Domestic Abuse]] runs from a court's [[Custody Order]] rather than the filing of a [[Petition]]. ### Summary: After a six-day trial, the court ordered both parents to share [[Joint Legal Custody]] and [[Joint Physical Custody]] of their daughter. Mother argued that the [[Cal. Fam. Code § 3044]] presumption against the award of joint custody to a party who committed [[Domestic Violence]] "within the previous five years" should apply. Mother contended that the five-year period provided for in [[Cal. Fam. Code § 3044]] runs backwards from the filing of the [[Dissolution]] [[Petition]]. However, the [[Trial Court]] rejected this interpretation and found that the five-year period is measured from the court's [[Custody Order]], not the filing of a [[Petition]]. The court's [[Custody Order|custody orders]] were [[affirm|affirmed]], and Father was awarded costs on [[Appeal]]. ![[D079123.PDF]] #caselaw/domestic-violence #3044-Presumption