Yes, a protective order can affect child custody if it is proven that there is a case of domestic violence. When a judge determines you have abused your spouse they can take custody of your children away. Being abusive in the court’s eyes means you are a danger to your child and cannot provide a stable environment. For either party, a Salt Lake City family law attorney can help to keep or remove child custody and visitation.
When one person files a temporary restraining order against another, a domestic violence trial will need to take place within three weeks. There are several stipulations that a temporary restraining order will include like not being able to see your children until the trail or visiting your child’s school. A few more stipulations are not going to the other person’s job or home. You will need to follow all stipulations outlined in the temporary restraining order to avoid jail time and further action brought against you. Since there can be no contact between the two parties you will need to find a temporary domicile until your trial.
During the three-week waiting period, you will need to abide by all guidelines in the restraining order and hire a Salt Lake City family law attorney. You have a very short time to work with your attorney but it can mean the difference between winning and losing a restraining order trail. The judge has two options as a possible outcome, the first is to dissolve the order and dismiss the case and the second involves granting a permanent restraining order. If a permanent restraining order is granted, the court will also have to determine custody and visitation. In most cases, visitation will be supervised by a monitor.
The ugly side is that some people use protective orders to gain an advantage in a custody battle. the alleged victim will attempt to fabricate a story or evidence when filing an order of protection. This can be used as vengeance for things not ending the way they thought it would. It is imperative for the accused to obtain counsel from a Salt Lake City family law attorney immediately to avoid losing at trial. A permanent restraining order can change the course of everyone’s lives. The other downside to protective orders being falsely filed is it makes it harder for actual victims to get an order of protection when they really need it. Emergency orders take effect immediately and cause emotional harm to the children and the accused when they are false claims.
A Salt Lake City family law attorney can prove that you in fact did not abuse your spouse and have the temporary restraining order dismissed. On the other hand, they can also help prove you were abused and establish or modify a child custody arrangement.