The Impact Of A Restraining Order During Divorce
In some divorce cases, one party may seek a restraining order to ensure their safety during the divorce proceedings. But how does a restraining order impact parenting time, and what are the implications for families going through this difficult time? At HAWM Law in Orlando, Florida, our experienced attorneys specialize in immigration, family law, criminal defense, and auto accidents, and we are here to provide insights into the intersection of restraining orders and parenting time.
Understanding Restraining Orders in Divorce Cases
A restraining order, also known as an injunction, is a legal document issued by the court to prohibit one party from contacting or approaching another party. In the context of divorce, a restraining order is often sought to protect one spouse or the children from potential harm or harassment by the other spouse. Restraining orders can encompass various restrictions, including maintaining a certain distance, prohibiting communication, and even restricting access to shared properties.
Impact on Parenting Time
When a restraining order is issued during divorce proceedings, it can significantly impact parenting time, also known as visitation or time-sharing. The primary concern of the court is the safety and well-being of all parties involved, especially the children. The standard for all decisions involving children in a divorce is the ‘best interests’ standard. In other words, the court will ask whether any decision they are being asked to make is in the best interest of the child or not. As a result, the court may modify the existing parenting time arrangements to ensure the protected party and the children are shielded from potential harm.