Associate Attorney
If you’ve had a restraining order during your marriage, you’re likely wondering how it could affect your divorce. The court may consider it when deciding things like custody, alimony, or dividing your assets, especially if abuse was involved. This can shape everything from how much time you spend with your children to whether you’ll receive financial support. It’s important to understand how the restraining order might influence these decisions as you move forward.
What Is a Restraining Order, and Why Was It Issued?
A restraining order is a court order designed to protect an individual from harm, harassment, or threats by another person, often a spouse or partner. In the context of family law, restraining orders are typically issued when there’s a credible threat of domestic violence, abuse, or stalking. These orders can require the offending party to stay away from the protected individual, their home, or place of work and can extend to other family members, including children.
The court issues a restraining order after reviewing evidence or hearing testimony that indicates a risk of harm. Common reasons include physical abuse, threats of violence, harassment, or emotional abuse. In some cases, restraining orders are sought during separation or divorce, especially when there’s a history of conflict or violence. These orders play a critical role in safeguarding the physical and emotional well-being of individuals, and they can significantly influence divorce proceedings.
How Does a Restraining Order Impact Child Custody and Visitation?
A restraining order can have a significant effect on child custody and visitation arrangements. When domestic violence or abuse is involved, courts prioritize the safety and well-being of the child, often resulting in limitations on the abusive parent’s custodial rights. If a restraining order is in place, the court may restrict or deny visitation altogether, especially if there’s a threat to the child’s safety.
In some cases, the court may allow supervised visitation to ensure that the child remains protected while maintaining a relationship with the non-custodial parent. The presence of a restraining order can also influence legal and physical custody decisions, as courts tend to favor the parent who can provide a safe, stable environment.
While courts aim to preserve the child’s relationship with both parents, the severity and circumstances surrounding the restraining order often dictate how custody and visitation are structured in a divorce.
Effect on Alimony and Division of Assets
A restraining order can also impact the financial aspects of a divorce, particularly alimony and the division of assets. In North Carolina, courts follow the principle of equitable distribution, which means assets are divided fairly, though not necessarily equally. However, if a restraining order is issued due to domestic violence or abuse, it can influence the court’s decisions regarding both property division and spousal support.
The court may view the abuse as a form of marital misconduct, which could lead to a more favorable financial outcome for the protected spouse. For instance, the abused spouse may be awarded a larger share of marital assets or granted more substantial alimony to support their recovery and future stability. Additionally, the court might reduce or deny alimony to the spouse against whom the restraining order was issued, particularly if their behavior contributed to the breakdown of the marriage or created a harmful living environment.
Proving Domestic Violence in Divorce Court
Proving domestic violence in divorce court can significantly affect the outcome of the case, particularly when issues like child custody, alimony, and asset division are involved. A restraining order serves as strong evidence, but the court may also require additional proof, such as police reports, medical records, witness statements, or testimony from the victim. Courts assess the credibility of the evidence and the impact of the abuse on the marriage. Demonstrating a pattern of abuse can lead to favorable rulings for the victim, including protective measures, increased financial support, and restricted visitation rights for the abusive spouse.
Contact Our Experienced North Carolina Divorce Attorneys
At Patrick, Harper & Dixon, LLP, we understand the complexities of divorce cases involving restraining orders. Our experienced team is committed to protecting your rights and ensuring your safety throughout the legal process. Contact us today to discuss your situation and explore the best options for your divorce case.
