Temporary Restraining Order Can Permanently Affect Child Custody

Even a Temporary Restraining Order Can Permanently Affect Child Custody

Pierre Domercq Domestic Violence

It may surprise you to learn that even a temporary restraining order can permanently affect child custody.  This is rooted in a law which was changed in 2014 to mandate that any child custody, parenting time or child support order issued while a Domestic Violence Restraining Order (DVRO) was in place, survive the termination or expiration of the DVRO.

Divorces unfortunately are often the cause of a substantial argument.  There are strong emotional issues at hand which often involve issues such as infidelity, possession of the children and money.  Alcohol, drugs and/or medication may also play a role in these situations.  Things get out of hand, and police might be called to the scene by one of the parties or a neighbor.  In other cases one spouse goes to the Court and alleges the other violently shoved them and threatened the kids and requests a Temporary Restraining Order or TRO.  A permanent hearing is set within the next few weeks.

The alleged victim in this scenario asks the court for emergency orders granting sole custody to protect them from domestic violence.  The Court grants sole custody of the children without visitation or parenting time for the accused.

If you have been served with a temporary restraining order and are in the middle of a divorce, especially with children, you need to speak with the attorneys at Burke & Domercq immediately.

Even a temporary restraining order can permanently affect child custody.  You need to fight this at every legal step.  If you are notified of the hearing (and many accused of domestic violence are not) you must attend and mount an aggressive defense.  You will absolutely need to attend the hearing on the matter and defend yourself there.

Many who have received restraining orders are victorious in the hearing and the Court decides not to issue a permanent DVRO.  However, the victorious parties are then shocked to learn the Court will not reverse the custody orders because the TRO is expired and the orders must stand until the child custody case is heard in court.  This is often 60 to 90 days, and there are easy legal tactics which can extend this time frame by months.

If you are in the midst of a divorce (or contemplating one) and receive any notice of a hearing regarding allegations of domestic violence you must aggressively defend yourself.  We invite you to contact us or call 760-712-3741 to learn more.