It’s common to get a protection order against your spouse in cases of domestic violence or abuse. But can a protection order affect child custody is another major concern.
This article will help you in every possible way, including by explaining what a protection order is, Can a protection order affect child custody, what you should do then, and some other important aspects regarding a protection order and child custody.
Let’s get rolling!
Protection order
A protection order, also called a restraining order, is a legal notice from the court that orders the accused spouse to stay away from the victim spouse. You can get a restraining order against your partner at any time when you experience domestic violence, abuse, or any other threat from your partner.
This order stops the accused from contacting, harassing, threatening, or seeking any harm to you by keeping them away from your living place, office, child school, and other regular places. As this is the court order, it must be followed.
Types of protection orders
Now, before heading towards “How can a protection order affect child custody“, let’s understand the different types of protection orders. There are different types of protection orders that the court can issue as per the circumstances, i.e.,
- A temporary protection order (TPO) is valid until the court’s hearing to figure out the facts. and consider if there is a need for a protection order or not.
- An emergency protection order (EPO) is usually issued by the court in serious domestic violence cases. These orders are immediately enforced and valid for around a week.
- A permanent protection order (PPO) is the final order of the court after the hearing or after knowing the facts. This is the finalized order that lasts for years. Moreover, that permanent protection order does impact child custody and visitation rights.
Can a protection order affect child custody?
The answer is yes; a protection order can affect child custody. But how it impacts child custody varies from case to case.
Let’s elaborate on this in detail:
If, due to one spouse’s violence, harassment, or abuse, there is a safety risk to the other spouse, or if there is a threat to the child as well, then the victim spouse can go to court to get a protection order. This in turn can affect the child’s custody and visitation rights as well. Because the child’s best interest is the court’s major priority.
Any evidence of domestic violence or abuse, either related to the child or to the other partner, can affect child custody. In fact, any prior or latest protection order does impact child custody because the child’s safety and well-being are the court’s major concerns. And for this reason, the court considers a protection order a serious concern.
But…
how it impacts child custody varies from case to case.
In general, the accused parent who has a protection order from the court is not going to get the child’s custody, which means the other parent is more likely to get custody. But that doesn’t necessarily mean the accused parent will not get any visitation rights.
The court decides custody depending on the circumstances, considering other relevant factors as well. In domestic violence or abuse cases, the court is more likely to grant sole custody to the other spouse, and the accused spouse will only get visitation rights, scheduled visitation rights, or even abundant child custody or visitation rights (as per the proven allegations of the accuser).
As it’s clear that the protection order can affect child custody, when the other partner tries to take advantage of this by making false allegations against you to get sole custody, you must consider it seriously and get the help of an attorney to handle such situations.
What should you (as an accused parent) do then?
If you’re the accused and get an order from the court to stay away from your spouse, you must follow the orders. Because it’s an offense to violate the court’s order. And you have to face the consequences, like jail, a penalty, or even both, for a violation.
To know about your legal rights, consult an attorney (even when you get a temporary protection order). And to get legal advice as per your circumstances. Because they can guide you better on how to handle such situations by preserving your custody or visitation rights.
Some other things regarding protection orders and child custody
The following list explains some other aspects regarding protection orders and child custody to clear up your doubts:
- After considering all the relevant factors, the court decides on child custody as per the child’s best interest. A single factor can never decide child custody, but domestic violence is a serious concern.
- The other partner may use a protection order against you to get sole custody, so prepare for that.
- The consequences of a protection order on child custody vary from case to case and as per the state’s law.
- Even if you get charged with a false allegation, you must follow the protection order until the hearing date. For your hearing, collect evidence of your innocence to clear up that false allegation against you.
