Can Restraining Orders Effect Custodial Rights Q & A

Restraining orders are taken very seriously in family law courts. They are issued by the court to prohibit one of the spouses from doing or not doing something that is perceived to be potentially harmful to the other spouse and/or children.

The most common type of restraining order is known as the “stay away” order which legally prohibits one spouse from being in the immediate vicinity of the other spouse and/ or children. Intentionally violating a restraining order is a criminal offense and constitutes contempt of court.

Restraining orders usually require that the moving party, the spouse seeking the restraining order offer-up evidence to the court of abusive and or potentially harmful conduct committed or likely to be committed by the other spouse.

If the court issues a restraining order, it is likely that the court has been convinced that one of the parties is not acting like a responsible parent and therefore can influence the courts decision in later determining that parties custodial rights.

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