Restraining Order

Improved Essays
Several situations could affect your chances of getting custody of a child. One of those

could be a restraining order that was filed against you as a result of a violent or

aggressive confrontation.

If you are seeking custody of any children the best plan of all would be to keep as

clean as possible and stay out of trouble.
Whatever the circumstances, it is never acceptable to be physically abusive with another

person or a child. Physical confrontations with a spouse and/or child will be looked at

very closely by the court.

A restraining order may be filed against you if someone feels as though they have been

physically abused or harmed by you in some way. The order comes from the court and is

used to protect the injured party and protect them from
…show more content…
And while it is true that sometimes in a bad

situation a restraining order can be used as a type of tool to make one party look bad

in the eyes of the law they are, and should be, taken very seriously. That is also why

it could put you at a disadvantage if you should have a record showing a history of

aggression attached to your name. It could become a big job to convince a judge that you

are worthy of custody of any children in spite of this order in your file.

A judge will certainly consider the history of both parent’s past history when making

decisions about a child’s custody. The overall goal of a custody hearing is to decide

which parent will be the most responsible when it comes to raising a child. Although one

act of violence in a domestic situation doesn’t constitute a history of aggression it

will be noted. The best arrangement for the child will be decided in the custody case

and this includes the best situation for his or her well-being. This includes both

physical and emotional health. Legal custody will determine who makes the decisions

Related Documents

  • Decent Essays

    To: Supervising Attorney From: Heather Wells, Student Date: January 31, 2016 Case: Arturo Garcia v Mary Chavez Re: Child support modification Statement of Assignment: I have been asked to prepare a memorandum for you regarding the following questions a. “Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority?” b. “What is the likelihood of the court granting a modification of child support due to Ms. Chavez’s change of occupation? Issue: Under Statutory Laws: a. “NMSA § 28-6-1 (Repl.…

    • 595 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    “The first responsibility of the court is to make orders that further the “best interests of the child.” [1] Being familiar with the homeless population through working in my school district the terms and context of “best interest” become confusing. We have families living near a running stream in a tent which is considered a running water supply. To many of you this may seem shocking, but when it fits others in the population a tent with a stream is considered satisfactory. Our school’s homeless coordinator works with these families to provide more stable conditions for them.…

    • 533 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Is Mediating Prenups a Form of Marital Mediation? Connecticut marital mediation may cover a wide range of disputes that arise before, during, or after a marriage. For example, marital mediation may be scheduled to resolve child custody issues or property division disagreements. During mediation in Connecticut, the parties meet with a third party neutral, called a mediator.…

    • 1031 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    3 Ways That Restraining Orders Can Be Abused Restraining orders are very useful when they need to keep someone away that is violent. Unfortunately, there are ways that restraining orders can be abused against others. If someone is trying to get their own restraining order to keep you away, it’s important to know how abuse of the restraining order can occur. Look out for these 3 ways it can be done. Falsifying Information To Get A Restraining Order…

    • 412 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    The existence of a protection order, does not immediately translate to the removal of the s 61DA(1) presumption. The Family Court must be satisfied on reasonable grounds that family violence has occurred and whilst the inference of a protection order may assist the Family Court, it is not the only relevant consideration in making this determination. Provided below are a variety of cases that highlight how a protection order may impact upon the presumption of equal shared parental…

    • 2137 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Stalking or being stalked is a serious situation to be in. It can lead to trouble fast. There are several different categories of stalking. For this paper, the focus will be presidential stalkers and the categories they can be broken down into. However, to understand presidential stalkers, one must first understand a stalker or the act of being a stalker (stalking).…

    • 622 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    An Apprehended Domestic Violence Order (ADVO) reflects the community’s expectation that the State will care and protect child. However the enforceability of ADVOs is limited because it relies upon resource efficiency in the executive powers and the compliance of violent perpetrator. An ADVO is made under the Crimes (Domestic and Personal Violence) Act 2007(NSW). Family violence is defined by the Family Law Act 1975 (Cth)(FLA) as ‘violent, threatening or other behaviour by a person that coerces or controls a member of the person 's family (the family member), or causes the family member to be fearful.’. An ADVO can be applied on the behalf of a child or be taken out by a police officer on behalf of the child if they have fears that about their…

    • 1548 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    When a person has been stalked, harassed in any type of way it can alter a person life for ever. That person would like to have justice served no matter what it takes. The system is designed in place to handle matter such as these on a daily basic. Some states handle there Laws differently then other states, but facts remain a stalker deserve major punishment. When it comes to being harassed it falls under the same category and deserves the same major punishment.…

    • 216 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    From time to time, people in Orlando, and throughout Florida, may have disagreements with family members, spouses and those they live with. If tempers flare and passions ignite, causing such arguments to become loud or physical, however, law enforcement may be called, which could lead to serious criminal charges. In fact, the Florida Department of Law Enforcement reported that there were more than 64,000 domestic violence-related arrests in 2014 alone. It is important for people to understand domestic violence charges to help protect their rights if they are ever involved in a domestic dispute. What is domestic violence?…

    • 421 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    These violent behaviors affect their children despite the couple not believing that the children are…

    • 1958 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    For example, some aggressors may need to have supervised visits with their children, due to the unpredictability of the behavior. A domestic violence history should be a factor in child custody and visitation because if a child has seen their guardian in the past, changes are the child will eventually witness it again. Lastly, a domestic violence history should be a factor in child custody and visitation to ensure that the right decisions are being made for the children. For example, with this consideration many children are…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The victim of the offense was less than eighteen at any during the offender’s course of conduct, with the offender also been five or more years older than the victim. They are also in violation if they have previously been convicted of stalking with seven years of the current incident. An individual is in violation of the aggravated stalking statute if they make credible threats to the victim, victim’s child, sibling, spouse, parent, and dependants. With the intentions to pace anyone of this person in reasonable fear of death or bodily injury. The offender cannot at the time of the offense be prohibited from making contact with the victim under a restraining order or injunction for protection, the order of protection or court imposed prohibition of…

    • 1401 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Regardless of the verbiage, this item is a court order or mandate that prohibits one person from doing a specific task. Restraining orders are only used in very specific situations, although the term is used quite frequently throughout the media and television. In situations where child custody, paternity, or divorce cases are being settled, a restraining order may be put into place to keep a spouse or parent from absconding with the child/children in question. A restraining order may also be used to prevent one person from selling joint property prior to a final court judgment. A restraining order is not used to keep one person away from another, such in cases of harassment or stalking.…

    • 710 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A restraining order can also be given if your spouse threatens to destroy property that you both share, such as a car or home. Your Spouse Has Physically Abused You If your spouse is physically abusing you or your children, you can get a court ordered restraining order that prohibits your spouse from visiting your place of employment, home, and your children’s school. The restraining order can also prevent your spouse from owning a firearm, or from communicating with you in any way.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Physical violence is defined as hitting, slapping, biting, kicking, etc., intended to do harm on the victim by the abuser. People who believe in physical punishment are more likely to engage in abuse. Unrealistic expectations of children can cause frustration upon the parents, therefore resulting in physical punishment. Parents who were abused as children may either cause physical punishment on their children or not; there is no in between. This physical abuse is not limited to just the children.…

    • 804 Words
    • 4 Pages
    Improved Essays