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Is custody still established if a restraining order expires?

July 2, 2018

When you go to file a restraining order, you should understand the order will only be good for the amount of time set. To give an example, let’s say the judge set the expiration date for one year later. If you read the restraining order, you will see when it says that it will expire.

What Happens When It Expires?

On the day that the restraining order expires, you will notice a court date scheduled for that day. Once you go to court, at that point, you can request that the judge renew the restraining order for one more year. It holds no weight if new conflicts have transpired since the last court hearings. They look at whether you still feel fear, and they look at if the abusive individual could still hurt your child.

Keep in mind, if you fail to show up in court, the restraining order automatically expires. If you still feel the need for a restraining order, you must show up in court.

What Should I Know When Filing the New Case?

You will also need to ask a motion for child support, temporary custody or parenting time when filing for the new protective order. With a temporary order, you may be allowed to keep support, custom or visitation while you wait for the new case.

Can I File for a Permanent 209A Protective Order?

If you feel that the threat will continue well into the future, you can ask the judge to give you a permanent protective order. Unfortunately, the judge can’t make the first order permanent, but he can make the second one permanent. After the first order expires, you have the right to ask him for a permanent protective order. You can also choose to make this request at one of the later hearings when extending the restraining order for a third or fourth term.

If you think you need a permanent order, you will need to give the judge a good reason. Judges don’t make orders permanent for most cases, but they do make these permanent when people need a permanent order for their safety. If you choose to request a permanent restraining order, you may want to seek legal counsel from a lawyer who understands how to get you one.

What is the Domestic violence Prevention Act?

This legislature first became law in 2014, and it made significant changes to Family Code §6340(a). The law mandates that all visitation, custody and support orders will enter the DVRO while the DVRO survives until the expiration of this protective order. The changes throughout with this new law have made domestic relations change in the legal system.

Could You Give Me Some Examples of Cases?

Let’s take the following scenario. A husband and wife had a heated argument at their home, and the wife decided to take the child. She moves to a friend’s house and requests a temporary restraining order. She tells the judge that her husband pushed her down the stairs and needs a temporary restraining order. The mother doesn’t want to tell the father about this hearing, and the court grants the request. Later in the night, the father of the child gets served a temporary restraining order, and he will receive no visitation rights while the order exists. The court will set another hearing within six months to determine if they should extend the temporary restraining order.

Three weeks later, the judge denies the mother’s request for a permanent restraining order. The father suddenly feels vindicated, and he asks the judge for child custody. Still, the judge tells the father that he has no basis for making a custody order, and the custody order will remain in place until the court decides otherwise. The mother walks away with child custody.

What Can the Father Do?

In some cases, the father could feel like he’s been legally pummeled by the court system. First, the courts decided to grant a restraining order against him, even though he was given no notification of the hearing. Notice of this won’t be required if a good cause can be given. Normally, to ensure that everything is done fairly, the judge will review the case. If the other party wasn’t given a notice, the moving party will be the only thing taken into evidence. Before a restraining order will be granted, however, satisfactory proof of past actions of abuse will need to be proven. In the case where the mother says that the father pushed her down the stairs, she might attach a picture of the injuries, and these facts can lead to a restraining order that will protect her and her child.

If the father wants to change this legislative order, he will need to file a request order. After the order has been filed, he will wait for the hearing, which can take anywhere from 75 to 90 days. He will have no child custody during this period of time. Until the father of the child has received orders, the mother takes on sole authority over the decisions for the child.

As with what happens in most domestic abuse cases where a child was involved, a period of time will exist where no custody order has been set in place. Instead, the court system will expect both parties to come to an agreement on the child custody schedule until the court has made further orders.

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