Child Custody Parenting Time and Support Survive Expiration of a Restraining Order

Pierre Domercq Domestic Violence

Why are restraining orders so important in a domestic violence case surrounging a divorce action? Why should you attend the hearing and fight against a temporary restraining order becoming permanent?
A few years ago California’s legislature enacted new laws under the “Domestic Violence Protection Act” mandating that any child custody, visitation (parenting time) or support orders issued while a restraining order was in effect survive the expiration of the restraining order itself.
This is why domestic violence and associated restraining orders have such an important impact on Carlsbad and North County divorce cases. It is important to understand the difference between temporary and permanent restraining orders. It is quite easy for anyone to seek an Emergency Protective Order (EPO) granting a temporary restraining order. There is a hearing scheduled for 14 to 21 days later where both parties have the right to be heard.
If you have been served with a temporary restraining order it is imperative to contact the experienced family law and domestic violence attorneys at Burke and Domercq immediately. We must work to ensure there are no orders issued regarding child custody or parenting time as well as child support until the hearing. Any orders issued by the court would survive the outcome of the hearing, even if the accused party is exhonorated in the proceedings.
In addition, a permanent restraining order carries significant restrictions upon many areas of your life which will impact everything from your ability to get a job to how you will be treated by police at a normal traffic stop. Permanent restraining orders can affect many aspects of your divorce for the short and long-term and it is important to understand the impact this will have upon your life.
It is important to acknowledge the differnce between genuine abuse and allegations of domestic violence which are used to gain an advantage in divorce proceedings. We are always concerned for the safety of all parties and the children. We aggressively work to protect those who have been falsely accused when one party is seeking an advantage over the other in a divorce.
If you seek experienced, proven North County divorce attorneys or have been served with an temporary Emergency Protective Order or other restraining order we invite you to review the recommendations of our clients and contact us or call 760-712-3741 to schedule an appointment.