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A domestic violence restraining order (DVRO) can significantly impact child custody arrangements, whether those arrangements are already in place after a divorce or if they will be made in the near future. Temporary domestic violence restraining orders can immediately alter custody dynamics by limiting the restrained person's access to their children, often favoring the safety of the child and the protected parent until a more permanent solution is reached. If the restraining order becomes permanent, it can have long-term consequences, potentially resulting in the restrained parent losing all custody and visitation rights. Whether you want to file for a restraining order or were recently notified that you had been restrained by one, it’s important that you understand what changes could happen to your child custody arrangements.
Immediate Consequences on Child Custody
Filing for an emergency or temporary restraining order may not immediately alter official custody arrangements. Instead, a judge might grant temporary sole custody to the filing parent until a hearing can be arranged to review the evidence and testimonies, which is typically scheduled as soon as possible but no later than a few weeks. If the alleged abuse involves harm to the children, the judge will be far more likely to temporarily strip away the restrained parent’s custody rights as a way to prioritize the safety and well-being of the children.
If you are targeted by a restraining order that you don’t think is justified, it’s important that you still adhere to any temporary changes made by the judge when the temporary restraining order was issued, including child custody orders. As frustrating as it might be, matters will only get worse if you ignore any new requirements issued by the court. What you should do is talk to a family lawyer immediately to discuss your options.
Consequences Caused by Permanent Restraining Orders
The consequences of a restraining order on child custody arrangements may become much more noticeable once a permanent restraining order is approved after a hearing. The effects of a permanent DVRO can change family dynamics and the legal responsibilities of both parents, possibly indefinitely.
A permanent restraining order can cause these consequences and more:
- Sole legal and physical custody: The filing parent will likely receive sole legal and physical custody of the children. A family law court must rule in the child’s best interests, which means distancing them from potential abusers.
- Loss of visitation rights: The restrained spouse may lose visitation rights. If visitation rights are restored through a separate hearing later, it will likely be for supervised visitation, which requires a neutral third party to be present during the visit.
- Child support adjustments: Child support changes might be necessary if custody shifts from one parent to the other, impacting financial responsibilities. Typically, the parent with sole custody will receive child support payments from the noncustodial parent, even when the custodial parent makes more income than the other.
DVRO & Child Custody Attorneys in California
At Gill Law Group, PC in Orange County, California, our attorneys can handle cases involving both domestic violence and child custody thanks to our extensive and varied practice experience. When these areas of family law intersect, we’re ready to find the right path forward that prioritizes your child’s best health and happiness, as well as your protection from domestic violence. If you have any questions or know that you need legal counsel, do not hesitate to reach out at any time.
Schedule a complimentary consultation by dialing (949) 681-9952 today.