How a Restraining Order Could Affect Custody Hearings

Having a restraining order issued against you is never a good thing, especially if you are seeking custody of your children.

> Did your wife, girlfriend or partner falsely accuse you of domestic violence?

> If so, did it result in a restraining order or an arrest?

> Did part of the restraining order impede your ability to see your children?

> Was an emergency custody meeting scheduled?

We certainly never condone physical violence against another individual, but unfortunately, false accusations have become a quick and easy fix to gain full custody to children. If you are accused, even falsely, it can severely affect your ability to seek full primary custody of your children.

If you are seeking custody of any children the best plan of all would be to keep as clean as possible and stay out of trouble. Whatever the circumstances, it is never acceptable to be physically abusive with another person or a child. Physical confrontations with a spouse and/or child will be looked at very closely by the court.

A restraining order may be filed against you if someone feels as though they have been physically abused or harmed by you in some way, even if there was no physical confrontation. If someone feels threatened by physical violence, they can still receive a restraining order. The order comes from the court, called an ex-parte, and is used to protect the injured party and protect them from further abuse.

If you are seeking custody of a child or children, having a restraining filed against you is probably not the way to help the case. Even though some heated confrontations might be hard to avoid during a breakup it’s important not to let them escalate too far. And while it is true that sometimes in a bad situation a restraining order can be used as a type of tool to make one party look bad in the eyes of the law they are, and should be, taken very seriously. That is also why it could put you at a disadvantage if you should have a record showing a history of aggression attached to your name. It could become a big job to convince a judge that you are worthy of custody of any children in spite of this order in your file.

A judge will certainly consider the history of both parent’s when making decisions about a child’s custody. The overall goal of a custody hearing is to decide which parent will be the most responsible when it comes to raising a child. Although one act of violence in a domestic situation doesn’t constitute a history of aggression it will be noted. The best arrangement for the child will be decided in the custody case and this includes the best situation for his or her well-being. This includes both physical and emotional health. When the determination of  legal custody is made, that is the person who will make decisions on behalf of the child(ren).

All options will be looked at closely. A restraining order may mean forgoing the right to fight for custody or accepting supervised visitations as a compromise. Although a single instance might not hurt your case if gaining custody of your child or children is important to you it will be worth keeping your emotions in check and avoid having such an order filed. If you’ve had a restraining order issued against you, the first thing you need to do is call your divorce attorney to discuss your options.