In California, restraining orders significantly impact divorce proceedings, especially when the order is due to allegations of abuse and harassment. The court issues restraining orders, also known as protective orders, to protect people from abuse, threats, and harassment. In divorce cases, such orders protect spouses and children from potential harm. Restraining orders affect all major divorce components, including child custody and visitation, spousal support payments, property distribution, and communication protocols. If there is a restraining order against you during your divorce proceeding, consult a restraining order lawyer for expert guidance.

How a Protective Order Can Impact Child Custody and Visitation

In California, the judge prioritizes the arrangement that benefits the child the most when determining custody and visitations. A restraining order also significantly influences these decisions.

Legal Presumptions

Under California Family Code 3044, a parent who commits domestic violence within the last five years faces an automatically established doubt about receiving sole or joint physical or legal child custody. The divorce proceedings start with the presumption that it is not appropriate to grant custody to the abusive parent and that it is also not beneficial for the child. However, this assumption can be disproved if substantial proof shows that the child benefits from living under the restrained parent's care.

Supervised Visitations

When the court allows the restricted parent to interact with their children, they usually enable such arrangements through supervised visitations. Supervised visitation arrangements ensure the child's safety since a third-party observer must be present during their time with the restrained parent.

While supervised visitation allows the parent-child relationship to continue, it can be challenging for both parties. The presence of a supervisor may hinder natural interactions, and arranging when the visits can happen can become difficult.

Termination of Parental Rights

Terminating your parental rights becomes a possible court option when there is evidence of severe circumstances, such as ongoing abuse or a significant threat to the child's safety. The judge can decide only after exhausting all other options because the child's safety remains at the forefront of the decision-making process.

False Allegations and Their Consequences

False accusations of abuse also arise during divorce processes. Due to these unfounded allegations, you could receive a temporary restraining order, hence impacting your relationship with your child.

However, if you prove the allegations against you are false, the court can prosecute the accusing party. Filing baseless accusations in family court could damage a person's credibility and influence the judge's decision regarding child custody and visitation.

Effects of a Restraining Order on Spousal Support

A restraining order issued to protect victims of domestic violence directly affects spousal support determinations when couples are undergoing divorce proceedings in California.

How Temporary and Permanent Support Changes After Obtaining a Restraining Order

A temporary restraining order immediately affects the current spousal support arrangements. When a court establishes that the restrained partner makes most of the household income, it will order temporary support for the protected partner during the divorce process. However, the court could deny temporary support to the restrained spouse if abuse claims prove true during the divorce process, even if the protected spouse earns more.

California Family Code 4320 requires the court to evaluate multiple aspects of the marriage when making decisions about permanent spousal support. The court considers the length of the marriage, the standards of living established during the union, and each partner's personal earning potential.

The court also takes into account formal evidence showing domestic violence when making decisions. If there is a history of domestic abuse, the court may change how long and how much support will be paid.

The Adverse Effects of Domestic Violence Findings

California Family Code 4325 creates a strong presumption against giving spousal support to an abusive spouse whose domestic violence behavior patterns have been established. When a court establishes evidence of domestic violence within the past five years between a married couple, it automatically assumes that giving support to the perpetrator is not reasonable. However, if the restrained spouse shows enough evidence to disprove the presumption, they can receive spousal support.

Protective Order Effect on Property Division and Asset Management

In California, a restraining order affects how a couple undergoing divorce handles their assets and splits their property. When a protective order is issued, it could affect your ability to access your finances and marital home and participate in financial negotiations. The court distributes community property equally between the spouses but will adjust when domestic violence or financial misconducts are involved.

Automatic Temporary Restraining Orders (ATROs) and Financial Restrictions

When your spouse files for divorce in California, Automatic Temporary Restraining Orders (ATROs) take effect automatically per California Family Code 2040. The restrictions prevent both partners from taking specific actions, including property transfers or financial transactions. They include the following:

• A partner cannot transfer or sell shared property without permission from their spouse.
• Either partner cannot make significant bank transactions beyond basic household costs.
• Neither spouse can update insurance policies nor take out loans from joint property during the divorce process.
• A spouse cannot create or change a trust arrangement, which impacts asset division.

ATROs protect spouses from financial mismanagement by prohibiting money transfers before making property division decisions. When a spouse disregards this protection, the court may grant the other spouse a more significant share of the marital assets.

Exclusion from the Marital Home

A restraining order could result in the restrained partner vacating the marital home. The court must determine how the property will be divided. Key considerations include:

• Impact on Property Ownership: Under community property law, both partners legally own their homes regardless of who must leave because of the order. The court can temporarily give the protected spouse home ownership. However, once the restraining order is terminated, the court will order a sale of the proceeds between the couple.
• Use of the Home to Sustain Child Stability: The judge may prefer children to live in their current environment to maintain stability during the divorce process. The spouse who holds primary custody rights can remain in the marital residence even if legal ownership belongs to their partner.
• Financial Impacts for the Restrained Spouse: Court decisions regarding spousal and child support payments could be adjusted to accommodate mortgage expenses or separate housing costs that the restrained spouse must pay.

Freezing Assets and Preventing Financial Abuse

The court can extend its asset protection measures through additional actions beyond ATROs by placing restrictions on specific bank accounts, stock holdings, and business assets if one spouse is suspected of misusing or concealing assets. The court needs to take such measures, especially if there is evidence of the following:

• Undisclosed banking activity: A spouse moving significant money into hidden bank accounts.
• Fraudulent Transfers: A spouse attempting to hide marital property by transferring assets to friends or relatives to protect these assets from being divided.
• Excessive Spending or Asset Dissipation: A spouse deliberately depletes assets as a form of spiteful retaliation by spending too much on gambling, unnecessary purchases, or selling assets at reduced prices.
• Breach of Fiduciary Duty: A spouse who fails to meet their fiduciary duties by withholding financial information could face legal consequences that may result in increased community property distribution to the innocent spouse or financial compensation requirements.

Unequal Property Division in Cases of Domestic Violence

In California, community property guidelines are followed because both partners share acquired marital assets equally. However, the judge can give a more significant share to one spouse under particular circumstances:

• Domestic Violence as a Factor in Property Division

A court issues restraining orders in situations where domestic violence has either been confirmed or reported. California Family Code 4320(i) and (m) require judges to use documented domestic violence records as a factor in distributing marital property.

The court will grant more marital property to the protected spouse who experienced financial or physical abuse. For example, the court gives victims of domestic violence who suffered economic losses such as medical expenses, therapy costs, and lost wages the right to receive more marital assets as compensation. Also, a judge can award less property to a restrained spouse who intentionally disposes or misuses matrimonial assets.

• Financial Abuse and Restriction of Access to Assets

Financial abuse usually occurs when restrained spouses take actions such as:

1. Preventing their spouse from earning a living and blocking their ability to manage financial resources.
2. Concealing property by hiding assets through personal accounts.
3. Building up debt under the victim's name through unauthorized actions.

The protected spouse will receive more marital property through court compensation because restraining orders restrict the restrained spouse from controlling assets.

For example, a husband might force his wife to stop working for many years, making her financially dependent on him. Because of this financial imbalance, a restraining order and divorce filing might lead the court to distribute more marital assets to the wife.

• Judicial Discretion in Unequal Division

If a spouse's actions result in unfair financial consequences for their partner, the judge could deviate from California's standard of equal asset division. A restraining order functions as legal proof of abusive conduct by one spouse, thus enabling the victim to obtain a more favorable asset distribution.

• Business Ownership and Division of Professional Assets

A restraining order creates additional difficulties when both spouses or one spouse owns a business during property division. If the restrained partner is prohibited from accessing the company, the operations of a shared business company could be stalled.

To determine which spouse will acquire the other spouse's share, the court must evaluate the market value of the community property business. The court can also restrict the business funds through a frozen account to prevent the restrained spouse from accessing the money. If this happens, the business operations will face delays because of cash flow issues.

Also, the court must determine if the business operated solely by the restrained spouse should be treated as separate property or become part of the marital estate distribution.

Impacts of a Protective Order on Communication and Negotiations During a Divorce Process

Divorce proceedings become more challenging because restraining orders prevent spouses from speaking to each other. This restriction of direct contact between spouses creates significant obstacles to discussing child custody, financial matters, and settlement. Therefore, the judge must develop alternative communication methods that protect legal requirements and allow necessary discussions.

Restraining Orders and Limited Communication

Under the terms of a restraining order, a restrained spouse must avoid all contact with their protected spouse. The rules prohibit any form of direct communication, including phone calls, texts, and emails. You cannot contact the protected party through social media or third parties. Restrained spouses must always avoid personal contact, even when they meet the protected spouse in public.

Restricted communication makes it difficult for the spouses to discuss divorce terms. However, the court could allow minimal communication between spouses in specific cases. You will communicate through legal representation, approved court applications, or written methods. A restraining order violation by the restrained spouse could result in criminal prosecution or more demanding divorce conditions.

Protective Order Impact on Mediation and Settlement Negotiations

A restraining order negatively affects both mediation and settlement negotiation processes. Traditional mediation methods cannot work in divorce cases with restraining orders. This is because the protected spouse has the right to avoid direct contact with the restrained spouse. However, the courts could endorse different dispute resolution methods to avoid lengthy and costly litigation. They include the following:

Shuttle Mediation (Indirect Mediation)

In domestic violence or restraining order cases, the judge may order shuttle mediation instead of direct mediation. Shuttle mediation requires the spouses to stay in different rooms as the mediator moves back and forth between them to exchange offers and counteroffers.

Shuttle mediation safeguards victims from intimidation while enabling them to negotiate through a mediator as a go-between. The mediator protects both sides by allowing them to share their preferences about child custody, spousal support, and property division without confrontation.

Attorney-Facilitated Negotiation

In cases where mediation fails, attorneys are responsible for all communication between divorcing spouses. Instead of conducting personal meetings, both parties use lawyers to exchange settlement terms. Lawful court documents are the medium through which demands and responses can be shared. Court hearings are the last resort to resolve disputes after indirect negotiation fails.

The divorce process becomes delayed because attorneys must follow restraining order specifications during exchanges to maintain legal protection.

Court-Appointed Communication Tools

The court may require you to use specialized digital communication platforms to hold your co-parenting and legal discussion. These platforms include the following:

• OurFamilyWizard: It is a monitored messaging platform that tracks all messages and minimizes the chances of harmful or threatening messages.
• The court-approved Talking Parents application: This platform enables parents to exchange brief text messages through an oversight system.
• The Co-Parently platform: It enables parents to schedule custody arrangements while preventing direct contact between them.

These tools provide accountability as they enable lawyers and judges to review messages in case of disputes.

Use of Third-Party Intermediaries

When restrictions are in place, the court can approve third-party intermediaries who could help facilitate necessary communication between spouses. Lawyers are the main communication channels, ensuring the professional and legal delivery of messages.

The court can also designate court-appointed coordinators to deliver essential information when divorces become excessively contentious. When both spouses agree to have third-party intermediaries, the court can also allow a mutual family member or friend to communicate emergency child updates.

The third parties selected must maintain neutrality while delivering information that the court has explicitly authorized. Breaking the rules of the court-ordered restraining order could lead to legal consequences.

Procedural and Emotional Implication of a Restriction Order in a Divorce Case

The implementation of a restraining order lengthens and complicates divorce proceedings. Courts must protect victims and also preserve the restrained spouse's legal rights from being overlooked. The introduction of restraining orders triggers several court hearings and legal motions that lengthen the duration of the divorce process.

Court procedures must be modified when implementing restraining orders because they make direct communication between spouses unlawful. The protected spouse can request court accommodations to avoid interaction with the restrained spouse by remote testimony and separate waiting areas.

The judge must set guidelines for child visitation, property disputes, and financial matters without violating the restraining order. The restrained spouse's decision to fight the restraining order could extend the duration of legal procedures.

The process of divorce under such restraining orders requires an extraordinary emotional toll. A protected spouse experiences ongoing anxiety, which could become more severe, especially if the restraining order was established due to domestic violence or harassment. The protected spouse may also feel frustrated by the legal process. This is so if they must coordinate child custody or financial matters with the restrained spouse.

The restrained spouse faces significant emotional challenges because of the restraining order situation. They may feel isolated, especially if the restraining order requires them not to spend time with their children as they wish or to avoid entering the family home.

The restrained spouse might also develop feelings of anger, resentment, or high stress while trying to prove their case before the court, especially if they think the restraining order was unjustified. A restraining order also makes the couple more anxious during the divorce process, obstructing the ability of affected spouses to settle on divorce terms, leading to extra conflicts and prolonging the proceedings.

The court ensures both spouses remain safe by ensuring fairness during the proceedings. A restraining order is a preventive measure that ensures safety when justified to prevent additional harm. However, if it is based on false allegations, the accused spouse has the right to challenge it.

Impacts of a Protective Order Once the Divorce Has Been Finalized

A divorce does not automatically terminate an existing restraining order. Depending on its classification, the protective order may remain active for an extended time, even after the divorce is finalized. A restraining order is meant to protect a person from harm, and this need for protection does not automatically end once the divorce is finalized.

The temporary restraining order against you is also terminated when your divorce is finalized. A TRO is a protective measure that protects your spouse only during court proceedings; its effect is terminated once the divorce is finalized. However, your spouse maintains the right to ask the court to turn the temporary restraining order into a permanent restraining order to continue receiving protection after the divorce is finalized.

Although it is called "permanent," a permanent restraining order becomes inactive after some time. In California, for example, a domestic violence restraining order lasts up to five years, except when the court determines ongoing risk and extends it for additional years.

After the finalization of the divorce, the restrained spouse remains bound to follow all parts of the order, which includes avoiding contact with the protected party while observing custody restrictions. Violating restraining order restrictions could lead to criminal charges, additional court fines, and prolonged legal consequences.

The effect of a restraining order extends throughout different areas of your life, even after the divorce is finalized. The employment opportunities of the restrained spouse become limited because their criminal history includes domestic violence or harassment offenses.

Travel restrictions exist, particularly when child custody is involved because children need to visit their parents. A restraining order is also visible during background checks for housing applications, professional licenses, and job searches, limiting your ability to secure proper employment and housing opportunities.

Find a Restraining Order Attorney Near Me

A restraining order can have long-term effects that could alter the course of your divorce proceedings. A protective order influences court decisions about child custody, spousal support, property division, and spouse-to-spouse communication. After the divorce is finalized, the legal and emotional challenges caused by the restraining order continue. The court also faces difficulty balancing protecting personal interests and ensuring a fair outcome. You should obtain advice from an expert restraining order attorney to defend your rights during a divorce that involves a restraining order. Contact Goldman Flores Restraining Order Law Firm at 213-341-4087 today to have your case reviewed and begin working on it.