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How Can A Restraining Order Affect My Custody Agreement?

mother and daughters reading

Filing for a restraining order — also referred to as a protective order — can be an emotionally taxing event. If you are filing for this protection, you most likely are suffering abuse at the hands of a member of your household, often your spouse or ex-spouse. When you share custody of your children with this individual, you may be concerned about their well-being and protection. Our Orange County domestic violence attorneys share how a restraining order may impact any current custody agreements.

If You Already Have a Custody Order

For separated or divorced couples who share custody of their children, they will already have a custody order they need to follow for their children’s safety. A protective order does not void the custody agreement; instead, it may add extra protection for the children and other parent.

Prompt The Individual to Obey Your Custody Agreement

Once a protective order is granted, the individual named in the order is under strict guidance to obey the current custody agreement for their children. This includes the pick-up and drop-off of children.

If the individual violates this portion of their custody agreement, they can face a fine of up to $1,000 or jail time as well as face civil contempt charges.

Can Establish A No Travel With Children Order

If you believe that your children are at risk of being kidnapped, filing a protective order can also prompt the courts to establish a “no travel with children” order. This will prohibit the named parent from traveling with the children or they will risk kidnapping charges.

If You Do Not Already Have a Custody Order

If you have not begun the divorce process or do not have a custody order for your children, at the time of filing your protective order, you can file for a child custody order as well. The court will then grant the custody

Orange County Domestic Violence Attorneys

If you or your child is a victim of domestic violence, you may be concerned about how filing a protective order may affect your current child custody situation. Our experienced Orange County domestic violence attorneys will do everything possible to protect your family during this tumultuous time.

Are you preparing to file a protective order against the person you share custody of your children with? Our domestic violence attorneys can help! Schedule a consultation with our team today to learn how we can go the extra mile for your family by calling us at (949) 681-9952 or contacting us online.