How Accusations in Civil Court Can Affect Your Child Custody Dispute

Domestic violence is a serious issue and can affect your child custody case, even if there are no criminal charges. All 50 states have civil remedies available, such as restraining orders, and having one filed against you can affect your child custody case.

It is always best, if you find yourself facing your co-parent filing a request for a civil restraining order based on allegations of domestic violence, to speak with an experienced family law attorney right away.

A Temporary Civil Restraining Order Has Been Filed, Now What?

The first thing to do if you have been served with a temporary civil restraining order would be to figure out when you have to appear in court. Failing to appear will likely result in having a more permanent restraining order issued, which could have long-term ramifications with custody of your child.

You also need to review the allegations, which will be included in the order served by law enforcement. You might believe they are false allegations. After reviewing the allegations, gather evidence and supporting information that may help your court case. Take all of this information to your attorney.

Second, the order will detail whether it is just on behalf of your co-parent or if it also seeks to give your co-parent temporary legal custody or restricts your parenting time and visitation rights with your kids. If so, then your ability to see, or even have phone calls with, your children until you go to that court date will be affected. And you must follow that order or risk further legal action, including civil contempt of court or criminal charges for failing to follow the court order, further affecting your legal rights to child custody.

After a temporary restraining order is issued, sometimes a copy is sent to child protective services, so you might be contacted by a social worker investigating whether there is child abuse or neglect involved with your children.

What To Expect at the Court Date

Once you get to the court proceeding, each party will have the opportunity to be heard by the family court judge. Before the court date, it cannot be stressed enough to follow the terms of the temporary restraining order, regardless of whether you believe they are false accusations or an attempt by your co-parent to gain an advantage in your custody battle.

At court, the person who filed the temporary restraining order will get to present their side first, then you as the accused parent will get to present your side of the case. The judge will hear from both of you, if you both wish to testify, as well as any witnesses, such as family members or friends, who you wish to present. You will also get to present evidence, such as text messages, voicemail recordings, emails, social media posts, photographs, and more.

If there are allegations of child abuse, the court may even set the case for a different hearing date, so the court can hear from experts or the child protective services worker, if one is involved. The judge may or may not enter orders about temporary custody arrangements until that next court date.

It is important to note that these court hearings are not criminal cases. In many of these domestic violence civil cases, no criminal charges are ever filed, though sometimes there are companion criminal cases. However, these civil orders can have as big of an effect on your family law case as a criminal case.

How a Civil Restraining Order Affects Child Custody

Family law judges take domestic violence orders seriously. Having a civil domestic violence order against you can affect whether you end up sharing joint legal custody with your co-parent or resulting in your co-parent receiving sole custody.

These orders can also affect physical custody. If there are allegations of child abuse, sexual abuse, or even emotional abuse against your child, a judge may limit your ability to see your child, leaving you to only have supervised visits with your child. The family court will always make child custody rulings based on the best interest of the child, and a history of domestic violence is one factor the courts heavily consider.

Get an Attorney’s Help

If you have been served with a civil restraining order, it is imperative you contact an experienced family law attorney to discuss if the order affects your parental rights with custody and parenting time. Your attorney will be able to investigate the allegations and prepare a defense that asserts your interests and seeks to protect your parental rights.