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Can a Restraining Order Affect Custody?

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.

Can a Restraining Order Affect Custody


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 the 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 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.

Divorce is hard on everyone and sometimes people just need a shoulder to lean on and a little advice. The founder of Divorce Cafe, Elif Ekin, started the cafe after going through a divorce. At the time of her divorce, she was unemployed, with no family and no extra money. She felt alone and had no idea where to turn or who to ask for help. She later learned that if she had spoken to a financial analyst she would have saved over $10,000 during her divorce. This is common amongst many stays at home moms who do not realize they have rights during a divorce. They are not aware of those rights and end up losing in the end. This makes starting over harder than it has to be. The Cafe aims to inform and heal anyone struggling with their home life.

Her experience inspired her to open up the cafe to help others receive divorce advice and healing through taking advantage of various services. Some services include massage therapy, legal advice, life coaching and financial advice. Of course, there is also comfort food, coffee, and soup. The services rendered are by volunteers whose only reward is knowing they helped someone going through a difficult time. The cafe is open to all on the first Wednesday of every month. The goal is to empower and help people going through a divorce get through it and move on successfully in all aspects. It serves the public to heal and find reasonable solutions to their problems and not as a place to simply complain.


As the Divorcee Cafe has the best intentions and helps you think of solutions and heal on an emotional level this does not replace legal representation from an experienced Draper divorce attorney. Divorce is something that no one is prepared for especially after getting engaged. The first piece of advice that couples should heed is to establish a prenuptial agreement. This will help in the unfortunate circumstance of a divorce. As life progresses, things will change and the pre-nup may need to be updated. If it is not then at the time of divorce not everything will be covered. The pre-nup will however help establish the groundwork. Divorce is complicated and even the most precautious and organized couples will need a Draper divorce attorney to help move the divorce proceedings along.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506