When you and your partner decide to take the next step and get married, the last thing you may expect for the future is that you’ll take out a restraining order against your spouse. Unfortunately, this is not uncommon, so understanding how this can impact your current child custody arrangement is critical. If this reflects your circumstances, the following blog covers what you should know about whether or not a spouse against whom an issue of protection is ordered can be granted visitation and what to expect if a violation occurs. Additionally, you’ll learn why working with Long Island child custody lawyers to help you through these complicated matters to fight for the best outcome for your family.
What Impact Will a Restraining Order Have on Custody?
If you are a victim of violence or abuse at the hands of your spouse and you have obtained a restraining order against them, you may be unsure what will happen to the current custody order established during your divorce or child custody case. In general, there are two types of protective orders: temporary and final. A temporary restraining order can be issued immediately upon request and remains in place until the next court date. During this time, the judge may temporarily award full custody of the child to the victim. A final order generally lasts up to two years, but can be extended up to five years if certain aggravating factors are present.
If a final order is issued, it can have a significant impact on your current custody order, such as limiting how much time the parent can spend with the child. This is because the court always adheres to the child’s best interest standard, and if your spouse has an order issued against them, the court may find that leaving the child in their custody is dangerous.
In many instances, if a spouse wants to regain custody, they’ll have to undergo anger management or counselling. Once complete, they’ll need to demonstrate to the court that they have been rehabilitated and that the child would not be at risk in their care.
Will My Ex-Spouse Be Granted Visitation?
In the event you take out an order of protection against your spouse, it’s important to understand that they may still be granted visitation rights with the child. Generally, the order will specify that the parent is to adhere to no-contact, limited contact, or supervised contact. Limited contact allows the parent to remain in touch with the child, but cannot threaten, harass, or abuse you or your child.
Supervised contact is one of the most common outcomes, as it allows the child to maintain a relationship with their parent in a safe and secure manner. These visits will take place at a secure location in the presence of a third-party individual who is there to supervise the visit.
Whether or not your ex-spouse will be granted visitation depends on the unique circumstances of your case.
As you can see, a restraining order can have a considerable impact on your current custody arrangement, which is why it’s in your best interest to connect with an experienced attorney with the Sklavos Law Firm. Our team understands how complicated and overwhelming these matters can be to navigate, which is why we will do everything in our power to help guide you through these difficult times. Contact us today to learn how we can represent you.