A A A
ADA ADA symbol

This website cannot be viewed properly using this version of Internet Explorer.

To ensure your security while viewing this site, please use a modern browser such as Chrome or update to a newer version of Internet Explorer.

Download Chrome (Made by Google)
Update Internet Explorer (Made by Microsoft)

Domestic Violence

Violencia intrafamiliar

WHAT WILL HAPPEN TO MY CHILDREN IF I GET AN ORDER OF PROTECTION?

Custody

A judge may award temporary custody of children to you when you file for an Order of Protection if the judge believes the children are also in danger of being abused.  You must ask the judge to award you temporary custody of the children and explain why you believe this is necessary.

Any custody order issued with an Order of Protection is only temporary and may last no longer than six (6) months. You must file a separate custody case in district court if you would like a long-term custody decision.

Child Support

A judge may also order the respondent to pay temporary child support to you for a period of up to six (6) months.  You must file a separate child support case for long-term child support.  Please contact your local Child Support Enforcement Division (CSED), part of the Human Services Department for assistance with establishing long-term child support.  

Visitation

The court may limit or deny the respondent visitation with his children. You must ask the judge to limit or deny visitation with his children and explain why you believe this is best for the children. In addition, you may be able to get the judge to order special rules for the visits.

A judge can order some things to make visitation safe for the children, such as:

  • "Supervised visitation” means that the other parent can only see his child with someone else watching.  Supervised visitation centers are places where specially trained staff who know about domestic violence watch over the visits between parents and children. You can ask the judge to order visitation to take place at a supervised visitation center, if this service is available in your community (SESV Map) If supervised visitation is not available in your area, you can ask the judge to have your trusted friends or relatives supervise the visits. If you want someone to supervise the visits, be prepared to tell the judge who that person is and why he or she is a good person to supervise. Make sure the person is willing to supervise visits before you give his or her name to the judge.
  • Limits on time: The judge may limit visitation to a few hours at a time, a few times week.  A judge may also order that no overnight visits are allowed.
  • Limits on place: The judge may order that the other parent visit with the child in a specific place, such as the home of another family member or in a public place.  The judge may also order that the other parent can only visit with the child in the city/county where you reside.
  • Other orders: The judge may order the other parent to do certain things, or not do certain things, before visiting with your child. Some things the judge can order are:
  • The other parent must attend parenting classes;
  • The other parent must attend a batterer’s intervention program;
  • The other parent must submit to random drug and/or alcohol tests; and
  • The other parent cannot have the child around a certain person.

If you want the judge to order any of these things, you will have to prove that they are needed. You will need to prove that it is harmful for the other parent to have parenting time or visits without the special rules being in place to keep your child safe. You will need to prove to the judge that your child gets scared or upset whenever he or she visits the other parent.  It is useful to have professionals available to tell the judge what they have observed your child acting like after a visit with the other parent.

back to list