Domestic violence restraining-order proceedings and child custody issues can overlap when the parties share children. A California court considering a request for a domestic violence restraining order may also be asked to make temporary custody and visitation orders.

An important distinction is that custody and visitation orders do not necessarily disappear simply because the protective portion of a restraining order later ends.

Custody Orders Can Be Made in a DVRO Proceeding

California courts have authority to make temporary child custody and visitation orders in connection with domestic violence restraining-order proceedings.

This can be particularly important when immediate parenting arrangements must be established while the restraining-order request is pending.

The court may need to address where the children will stay, how parenting time will occur, and other issues necessary to establish temporary arrangements.

The specific orders will depend on the circumstances presented to the court.

Respondents Can Address Requested Custody Orders

When custody or visitation has been requested as part of a domestic violence restraining-order case, the respondent has an opportunity to state whether they agree or disagree with the requested orders.

A respondent disputing the requested parenting arrangement may need to provide the appropriate response regarding child custody and visitation in addition to responding to the restraining-order request itself.

Because DVRO proceedings generally move quickly, there may be limited time to prepare for these issues.

Carefully reviewing all documents served with the restraining-order request is therefore important. The packet may contain separate forms addressing custody, visitation, or concerns regarding child abduction in addition to the primary restraining-order documents.

What Happens When the Protective Order Ends?

A significant point for parents to understand is that custody, visitation, or support orders made in connection with the proceeding can survive the termination of the protective order.

In other words, the expiration of the restraining order does not necessarily restore whatever informal parenting arrangement existed before the case.

Parents should therefore distinguish between the protective provisions of a DVRO and the separate custody and visitation orders entered by the court.

If an existing custody order needs to be changed later, the appropriate process for modifying that order may need to be followed rather than assuming that it ended with the restraining order.

Understand Every Part of the Court’s Order

A domestic violence restraining-order case can produce several different types of orders at the same time. Some may regulate contact between the parties, while others establish parenting arrangements or address financial issues.

Understanding which orders are temporary, which remain effective after the protective order ends, and what each order specifically requires can help parents avoid misunderstandings after the DVRO proceeding is over.