Restraining Orders

In general, a restraining order may be able to list children as protected parties, and it could also include provisions about custody and visitation with any children that the parties have in common. If children are listed as protected parties in a restraining and there is no carve out type language that allows for the abuser to have contact with the children, then it may be a violation of the order if the abuser contacts or visits with the children. Whether or not the abuser is granted any visitation may depend on how severe the abuse is, if any of it was directed towards the children or happened in their presence, or if the parties ask for the children to be included in the order. The custody granted in a restraining order is usually temporary and lasts only while the order is in effect. A person may need to file a custody petition if they are looking for a longer term custody solution.

If a person is granted a restraining order and there already is a custody order that allows for shared custody and/or visitation, generally, it could possibly mean that a prior custody/visitation order might need to be modified so that it is not in conflict with the terms of the restraining order. For example, if a restraining order states that there is to be no contact between the parties, but a prior custody/visitation order provides for parents to exchange the child(ren) in a way that allows for contact, this might need to be modified by the parties (if they want the visitation to continue). In general, custody orders are not usually permanent. If circumstances change or if the other parent violates the custody order, a parent may be able to file to modify/amend the custody order. To change a custody order, generally a person may need to file a petition to modify (change) the custody order and, depending on the state, s/he may have to prove that a “substantial change in circumstances” has happened since the order was issued. You may want to talk to a lawyer to find out what the legal standard for changing a custody order is in your state. If the judge believes that there has been a substantial change and that modifying the order would be in the children’s best interests, the judge might change the order. If you are interested in modifying a custody order, you may want to see if you can get a lawyer to help you prepare the paperwork and represent you in court since it can be difficult to do it on your own. Here is a link for Finding a Lawyer that has information about free and paid lawyers in your state.. On our WomensLaw.org website, we have some information about Modifying an Order in STATE, in case that might be helpful. LINK IF WE HAVE THIS ON THE CUSTODY PAGE - IF NOT, DELETE THIS SENTENCE

Further, I wanted to mention that if a person violates the terms of a restraining order (for example, if that person is to have no contact with a victim and then contacts that person), regardless of why the person violated the order, such a violation could result in serious consequences for the respondent/person who the other party filed for protection from. Here we have more information on Violations of a Restraining Order in STATE. [LINK]