Can I still get custody or visitation, even if my spouse got a protective order against me?

My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody or visitation?

I will answer this question by making some assumptions (I’m not claiming to know whether that which I assume is true, but by making these assumptions it will help me give more concrete answers):

Your husband filed a fraudulent protective order against you, i.e., he lied.

The protective order your husband obtained awarded him custody of your son for the time-being.

The same lies your husband has told about you to get the protective order and child custody are the same lies he is telling in the divorce action in an effort to be awarded custody of your son and/or to limit and restriction your visitation with your son.

With these assumptions in mind, here is my answer to the question as to whether it is possible that you can still be awarded primary custody and/or visitation:

Yes, of course!

Now it won’t be easy.

And possibility doesn’t mean that you will win the custody and/or the visitation schedule you want, but just because he has a protective order against you doesn’t mean you’re out of the fight.

What you need to do is:

  • try to obtain proof that your husband’s protective order was fraudulently sought, and if you find it, make sure the court knows about it, then move to dismiss or amend the protective order in light of the proof you have against it;
    • Did your husband accuse you of being a drug abuser? Then go get a hair follicle test to show you’re clean
    • Did your husband accuse you of being a drunk? Go get evaluated to show you aren’t
    • Did your husband accuse you of being physically abusive? Go get a rigorous psychological evaluation
    • Were there witnesses who can supply you with an alibi? People who can be witnesses to your good character and parental fitness? Get their affidavits filed with the court. Bring them to hearings to testify.
    • You get the idea?
  • show that your child’s best interest favor a custody and/or visitation schedule that is not as your husband requested in the protective order proceedings;
  • demonstrate that even if the court believes there was a valid basis for your husband obtaining a protective order against you originally, you and circumstances have sufficiently changed/improved such that keeping the protective order in place would be inequitable, unreasonable, obsolete, and not in your child’s best interest.

Can you reasonably expect to pull this off without the help of a good lawyer? No. Get a good lawyer (and the help of other professionals) to help you win this battle.

Utah Family Law, LC | | 801-466-9277

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