When emotions run high during family disputes, protective orders can become a necessary legal tool to ensure safety. But if children are involved, one important question often arises: how does a protective order impact child custody? At Billian Law, we understand how complex and sensitive these matters can be. Here’s what every parent should know.
What Is a Protective Order?
A protective order (sometimes called a restraining order) is a court order that protects one person from another who is alleged to have committed abuse, harassment, or threats. In Maryland, protective orders are often issued in cases involving domestic violence or other dangerous situations involving family or household members.
Protective orders can do things like:
- Order the respondent to stay away from the petitioner
- Prohibit all contact (in person, phone, digital, etc.)
- Grant temporary possession of a shared home
- Temporarily award custody of children
Temporary Custody in a Protective Order
If a protective order is granted, the court may award temporary custody of any children involved. This is especially common if there’s a concern for the child’s safety or if the abusive behavior was directed at or witnessed by the child.
Temporary custody provisions in protective orders typically last for the duration of the order (usually up to a year, but sometimes longer depending on circumstances). While temporary, this can establish an early precedent in a larger custody battle.
Can It Influence a Final Custody Agreement?
Yes—and significantly. While a protective order doesn’t automatically determine final custody, judges take them seriously when making long-term custody decisions. The court’s primary concern is the child’s best interest, and a history of abuse or threats can heavily influence a judge’s ruling.
Even if the protective order is only temporary:
- It can show a pattern of behavior or a risk to the child or other parent
- It may limit a parent’s access or visitation while a custody case is pending
- The judge may order supervised visitation or deny visitation altogether
Additionally, violating a protective order—even once—can be used against the respondent during custody hearings.
What If the Protective Order Was Based on False Allegations?
The court understands that sometimes protective orders may be requested out of fear or confusion—or, unfortunately, as a legal strategy during divorce or custody disputes. If a protective order was granted under false pretenses, it’s important to work with an experienced family law attorney to:
- Gather evidence that disproves the claims
- Show consistent, positive involvement with the child
- Request a modification or dismissal of the order if appropriate
Your response matters. Even if you believe the order is unfair, violating it can severely harm your custody case.
Get Legal Support from Billian Law
Protective orders can have both immediate and long-term impacts on your parental rights. Whether you’re seeking protection or facing allegations, you need a skilled legal team that understands Maryland family law and will advocate for your rights and your children’s safety.
At Billian Law, we provide compassionate, experienced legal guidance to help you navigate these difficult situations with clarity and confidence. Contact us today for a confidential consultation. Let us help you protect what matters most.