As a criminal defense lawyer, one of the most challenging cases involves defending clients against orders of protection, particularly when it affects their custody rights. For parents, nothing is more important than the ability to be involved in their child’s life. However, when an order of protection is issued, it can have a profound impact on your custody or visitation rights.
Understanding how an order of protection can influence your custody case is crucial if you find yourself facing this legal issue. In this blog, we’ll break down the essentials you need to know, offer insight into how to protect your parental rights, and discuss legal strategies for defending against unfair accusations!
What is an Order of Protection?
In Arizona, an Order of Protection is a court-issued directive designed to prevent harm by limiting or prohibiting contact between two people. Commonly referred to as a restraining order, it is typically used in cases where there are allegations of domestic violence, threats, harassment, or abuse. In family law situations, one parent may seek an order of protection against the other, particularly during contentious custody disputes or divorce proceedings.
When an order of protection is granted in Arizona, the court enforces specific restrictions that could bar the accused from communicating with or being physically near the petitioner. If children are involved, the order may extend to prohibiting the accused from contacting their child or visiting the family home. Additionally, the order may prevent the accused from going to places the petitioner frequents, such as their workplace or school.
How Does an Order of Protection Impact Custody?
An order of protection can significantly impact child custody arrangements in the following ways:
- Temporary Exclusive Custody or Visitation: Courts often prioritize the safety of the child. If the order of protection includes allegations of violence, abuse, or threats, the court may order temporary exclusive custody of the children to the petitioner for the duration of the order.
- Supervised Visitation: In some cases, the court may allow the accused parent to maintain limited contact with the child through supervised visitation. This means that visits can only take place in the presence of a neutral third party, such as a social worker or designated supervisor.
- Long-Term Custody Modifications: If the order of protection is made permanent or the court finds evidence that justifies the claims, long-term custody arrangements may be altered. The parent with the order against them may lose custody or have their rights severely restricted.
- Impact on Future Custody Disputes: Even if an order of protection is eventually lifted or expires, the fact that it was issued can weigh heavily in future custody disputes. Judges are likely to consider past allegations of violence or harassment when making long-term custody decisions.
Immediate Steps to Take If You’re Facing an Order of Protection
If you’ve been served with an order of protection, the way you respond can have a direct impact on your custody rights. Here’s what to do:
- Comply with the Order
This might sound obvious, but it’s crucial. Even if you believe the order is unjust or based on false claims, violating the terms of the order can have immediate and severe consequences. You could face criminal charges for violation, which will only make your custody case more difficult.
- Gather Evidence
Document everything that relates to the order. This includes text messages, emails, social media posts, and any other communications that may support your case. Witnesses who can attest to your character or refute the claims may also be important to your defense.
- Seek Legal Representation
One of the best steps you can take is to hire a defense attorney experienced in both criminal law and family law. An attorney can help you challenge the order, defend your rights, and navigate the complex intersection of criminal allegations and family court decisions.
Arizona law requires that if an order of protection affects custody of children, the court must hold a hearing within 10 days of the issuance of the order. Your attorney can help you contest the order at this hearing, which could lead to modification or dismissal.
Defending Your Parental Rights in Court
Once an order of protection is issued, it can feel like the odds are stacked against you. However, defending your parental rights is possible with the right legal strategy. If your case eventually ends up in court, you and your attorney will have to ensure you have a solid defense strategy to defend your parental rights, as well as your reputation.
False Accusations
Unfortunately, it’s not uncommon for orders of protection to be used strategically in contentious custody battles. If you’ve been falsely accused of domestic violence or harassment, your attorney can help you challenge the evidence or lack thereof.
To successfully defend against false accusations, it’s important to gather and present evidence, such as witness testimony (friends or neighbors who can testify to your character), phone records (proof of communication that contradicts any claims of harassment or threats), and social media activity, if relevant (posts and messages that show a different narrative than what the accuser is presenting).
Modifications
Another option is requesting modifications to the custody order. If you believe the order of protection is too broad or unjustly affects your custody rights, your attorney can petition the court to modify the order.
This could involve asking the court to allow contact with your children under specific conditions or remove any restrictions that prevent you from visiting your child’s school or attending important events. Modifications are more likely to be granted if the order of protection includes broad or vague terms that limit reasonable parenting activities.
Supervised Visitation
Finally, your attorney could negotiate supervised visitation on your behalf. In some cases, the court may order supervised visitation as a temporary compromise while your case is under review. While this isn’t ideal, it’s often better than losing contact with your children entirely. You and your attorney can work to negotiate the terms of supervised visits to ensure that you have consistent access to your child while fighting to restore your full custody rights.
Long-Term Effects on Custody
Even after an order of protection is lifted, its impact can linger in your custody case. Courts may view any past orders as a red flag, and the parent who sought the order may use it as leverage in future disputes. While Arizona does not typically allow for the expungement of orders of protection, and it won’t completely erase the record, you can work with your lawyer to have the case “set aside” to minimize the long-term effects of this issue.
Then, focus on rebuilding trust with the court. Take proactive steps to show the court that you are a responsible, engaged parent. This could include completing parenting classes, attending counseling, or maintaining a stable and supportive environment for your child.
Protecting Your Custody Rights After an Order of Protection
Facing an order of protection is an overwhelming experience, especially when it affects your relationship with your children. However, by understanding the legal process and taking immediate action to defend your rights, it’s possible to fight the accusations and regain custody or visitation.
Remember, the outcome of your case depends not only on the facts but also on how you handle the legal challenges. Compliance, documentation, and a strong legal defense are key elements in protecting your parental rights.
If you’re dealing with an order of protection that is affecting your custody rights, reach out to our office today. Our experienced lead attorney has nearly 20 years of experience and can help guide you through this difficult time. You don’t have to face these challenges alone – take the necessary steps to protect your relationship with your children and ensure your rights are upheld in court! Book your Free Case Evaluation today.
