Victims of abuse, violence, or harassment can request an order of protection from California courts to limit the offender’s contact with victims. Orders of protection, also known as restraining orders, are not uncommon in family law matters, and those orders can impact child custody cases in several ways.
Family law attorney Bruce A. Mandel represents parents who are involved in custody cases, restraining order matters and all other areas of family law. If you are involved in a child custody matter and safety is a concern, you need an experienced attorney to advocate for your rights and protection.
Orders Of Protection
There are three types of orders of protection, including emergency protective orders, temporary restraining orders, and permanent restraining orders. When orders of protection are issued in child custody cases, the orders are typically in place to protect the other parent or the child from the offending parent. The order generally covers one or more of the following:
- Order to stay a specific distance away from the protected person
- Order to stop threatening or abusing the protected person
- Order prohibiting contact between the restrained person and protected person
Weighing Benefits And Protections
Whether you are in the middle of a child custody case, or visitation and custody rights are already in place, an order of protection can affect custody arrangements. Orders of protection and child custody are often a balancing act between what is in the child’s best interest and protecting the person who requested the restraining order. A judge issuing a restraining order will consider the threat of harm and benefits to the child when deciding what restrictions to put in the order.
How Custody May Be Impacted
A judge may issue an order of protection against one party that restricts his or her child custody rights, especially if the child is at risk of harm. For example, an order may prohibit contact between the restrained person and child, or it may permit only supervised visitation. An order may also prohibit a parent from engaging in specific conduct such as consuming alcohol during visitation.
If the order of protection is between parents and the judge does not believe the child is at risk of harm, the order may still have an impact on custody. Parents may have to make special arrangements when it comes to transferring the child from one parent to the other parent. These arrangements may include meeting in a specified location or designating friends or family members to help with moving the child between parents.
Orders Of Protection And Child Custody
If you are facing custody matters, orders of protection, or any other family law issue, family law attorney Bruce A. Mandel can help. I will go over your case and concerns and advocate for your right to raise your child in a safe and healthy environment.