A Compassionate Advocate
For Arizona Families

How an order of protection influences divorce proceedings

On Behalf of | Jun 28, 2024 | Divorce

Divorce proceedings can become complicated when an order of protection is part of the case. Also known as a restraining order, it aims to safeguard individuals from abuse, harassment or threats, adding an extra layer of legal considerations to the divorce process.

Understanding how an order of protection influences a divorce is helpful for navigating these proceedings.

Impact on child custody

An order of protection can affect child custody decisions because the courts prioritize safety. If an order exists, the court may limit or supervise the accused parent’s visitation rights. Sometimes, the court may deny custody altogether to ensure a child’s safety.

Effect on spousal support

Spousal support decisions are often influenced by an order of protection. If the protected party proves abuse or harassment, the court may award them higher spousal support. This helps cover expenses such as relocating or rebuilding life after leaving an abusive situation.

Influence on property division

A protective order can also affect the division of property during a divorce. Courts often take the abusive spouse’s behavior into account when distributing assets. To compensate for the abuse endured, the court may award the victim a larger share of the property. However, the judge’s primary focus remains on ensuring fairness and justice.

Impact on the divorce timeline

The timeline of a divorce can be longer when an order of protection is in place. Extra court hearings and legal steps related to the order can slow things down. Gathering evidence and presenting it to the court takes time, delaying the finalization of the divorce.

The impact that an order of protection has on divorce proceedings makes it necessary for individuals to seek legal advice to protect their interests and ensure a fair outcome.