Custody battles are already one of the most stressful parts of family law, but when allegations of domestic violence enter the picture, the stakes rise dramatically. Courts place the safety and well-being of children above all else, which means that if one parent has a restraining order issued against them, it can play a central role in custody decisions. Judges must weigh not only the evidence of violence but also the potential risk to children in the future. If a restraining order exists, it tells the court that a judge has already determined there was enough evidence of a threat to justify legal protection, and this is something family courts take very seriously.

Protecting your children is paramount, especially when domestic violence is a concern. In Woburn and across Massachusetts, obtaining or being the subject of a domestic violence restraining order can significantly alter your parental rights and responsibilities. If you’re navigating this challenging situation and wondering how a restraining order might affect your ability to have custody of your children, understanding the relevant Massachusetts laws and court procedures is crucial.

Understanding Massachusetts Restraining Orders

In Massachusetts, Chapter 209A of the Massachusetts General Laws outlines the process for obtaining a domestic violence restraining order, also known as an abuse prevention order. These orders are issued by the court to protect individuals from abuse by a family or household member. Abuse, in this context, can include physical harm, threats, emotional distress resulting from abuse, forced sexual relations or coercive control.

To obtain a restraining order in Massachusetts, a person must demonstrate to the court that abuse has occurred or that there is a substantial likelihood of immediate danger of abuse. If the court finds sufficient evidence, it can issue a temporary restraining order immediately. A hearing is then scheduled within ten court days for both parties to present their case, at which point the temporary order may be extended for up to one year.

The Immediate Impact on Custody

When a restraining order is issued in Massachusetts, it often includes provisions that directly affect child custody. If the person against whom the order is issued shares children with the protected party, the court can make temporary orders regarding custody and visitation.

Most commonly, a restraining order will include a “no contact” provision, which prohibits the restrained party from having any direct or indirect contact with the protected party, which can immediately impact existing parenting schedules and make direct communication between parents extremely difficult or impossible.

Furthermore, the court may grant temporary sole legal and physical custody to the protected parent if it believes the safety and well-being of the child are at risk, which means the restrained parent may lose the ability to make important decisions about the child’s upbringing, such as education and healthcare, and may also have their time with the child suspended or severely limited.

Long-Term Custody Considerations

The issuance of a domestic violence restraining order can have significant long-term implications for custody arrangements in Massachusetts. When a court makes final custody determinations, the paramount concern is the best interests of the child. Evidence of domestic violence, especially when supported by a restraining order, is a serious factor that the court will consider.

Massachusetts General Laws Chapter 208, Section 31A specifically addresses the impact of abuse on custody. The statute creates a rebuttable presumption that it is not in the best interest of a child to be placed in the custody of a parent who has engaged in a pattern of abuse against the other parent or the child, which means that if there is a credible finding of abuse, the burden shifts to the abusive parent to prove that custody with them is still in the child’s best interest.

To overcome this presumption, the abusive parent might need to demonstrate that they have taken significant steps to address their behavior, such as completing anger management programs or undergoing therapy. The court will also consider the child’s wishes (if they are of sufficient age and maturity), the child’s adjustment to their current home and school, and the ability of each parent to provide for the child’s needs.

Supervised Visitation and Safe Exchange

Even if a parent against whom a restraining order has been issued is not granted custody, the court may order supervised visitation if it believes some form of contact with the child is in the child’s best interest and can be done safely. Supervised visitation typically occurs at a neutral location with a third-party present to ensure the child’s safety and well-being.

Similarly, when visitation is permitted, the court may order a safe exchange location to prevent contact between the parents, which could involve using a police station or a designated exchange center.

Seeking Legal Guidance in Woburn, MA

Navigating the complexities of domestic violence restraining orders and their impact on child custody requires a thorough understanding of Massachusetts law and court procedures. If you are in Woburn or the surrounding areas and are facing issues related to restraining orders and child custody, it is essential to seek experienced legal counsel.

At Contant Law, P.C., we understand the sensitive nature of these cases and are dedicated to providing helpful and compassionate legal guidance. We can assist you with every step of the process, from seeking or defending against a restraining order to advocating for your best interests and the best interests of your children in custody proceedings. Contact us today at 617-221-8221 for a confidential consultation. We are here to support you through this challenging time.