Section 649.45 - Presumption of Physical Injury in a Domestic Violence Qualifying Crime(a) A minor is presumed to have sustained physical injury as a result of a domestic violence qualifying crime if the child witnessed a domestic violence qualifying crime.(b) A minor witnessed a domestic violence qualifying crime if the minor saw or heard an act constituting a domestic violence qualifying crime.(c) Factors that may be considered as evidence that a minor witnessed an act constituting a domestic violence qualifying crime include, but are not limited to: (1) the minor placed a 911 call;(2) a report from a counselor at a domestic violence agency concluded that the minor witnessed an act constituting a domestic violence qualifying crime;(3) a report from an eyewitness corroborated that the minor witnessed an act constituting a domestic violence qualifying crime;(4) a restraining order required the perpetrator to stay away from the minor and a declaration supporting the restraining order stated that the minor was the victim of, or was threatened with, physical injury;(5) the minor's reliable statements;(6) other credible evidence.Cal. Code Regs. Tit. 2, § 649.45
1. Change without regulatory effect renumbering former section 654.5 to section 649.45, including amendment of NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49). Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13951, Government Code.
1. Change without regulatory effect renumbering former section 654.5 to section 649.45, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).