Why restraining orders are important in contested custody cases

By |2022-04-06T12:32:55+00:0016 May 2015|Categories: Family Law|

Why restraining orders are important in contested custody cases

In contested child custody proceedings, you may be surprised with the lengths people will go to get an advantage over the other parent. They may try turn the kids against a parent by sabotaging their relationship or they may make allegations of abuse or intimidation.

These allegations typically manifest themselves in requests for restraining orders or no-contact orders. These orders should be taken seriously because many of them can be granted ex-parte (without notice to the other party). The person whom the order is issued against may be surprised by such an order and may think it is completely unfair (and it may well be). In these instances, the chance of violating it by contacting or confronting the person who requested it could have dire consequences.

Indeed, violating a protection order or restraining order is a crime that is punishable with jail time. But the additional consequence is that it may have a substantial impression on a family court judge. One of the things that may influence a judge is a parent’s ability (or willingness) to follow a court order. A person who has violated a protection order may be unwilling to follow further orders, which could complicate things when a child is involved.

Because of this, it is prudent to respond immediately (and appropriately) to restraining orders; especially if they are issued without prior notice. Contacting an experienced family law attorney should be the first step. If you have been charged with violating such an order, a criminal defense attorney is helpful as well.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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