Does a Restraining Order Affect Child Custody?
Yes, a restraining order can affect child custody. According to the California Courts website, a judge cannot grant custody to an abusive parent if the judge decides there is domestic violence; only visitation rights.
There are exceptions, however — where applicable, a parent with a history of domestic violence can still get custody if he or she:
- Proves that their having custody is in the child's best interests
- Has completed an approved intervention program for domestic violence
- Has successfully completed their court-ordered substance abuse counseling
- Has successfully completed their court-ordered parenting class
- Has complied with the terms of their probation or parole
- Has complied with a restraining order against them
- Has not committed any further acts of domestic violence
Are you curious if a restraining order is going to affect your child custody or parenting plan? Get in touch with Griffith, Young & Lass today!
Same-Day and After-Hours Appointments for Emergency Situations
If you have been served with a restraining order and need aggressive defense or if you are in fear and need protection immediately, call our office now. We can often go in on the day that you call to obtain temporary orders on your behalf. And, because we know that emergency situations like this cannot wait, we make ourselves available for same-day appointments and after-hours office visits as the need arises.