Yes. A protective order can affect custody in two ways. First, the order itself can grant temporary custody and limit or suspend the other parent's time with the children while it is in effect. Second, a finding of domestic violence carries into any custody case: in Kentucky, the presumption of joint custody and equal parenting time does not apply to a parent who has had a DVO entered against them, and in Tennessee, a parenting plan must include limits when a parent has committed abuse. The effects can outlast the order itself.
If you are in immediate danger, call 911.
How can the protective order itself affect custody?
When a court enters an EPO or DVO in Kentucky, or an order of protection in Tennessee, the order can:
- Award temporary custody of the children to the protected parent
- Suspend or limit the other parent's parenting time
- Require supervised parenting time, or exchanges at a safe, neutral location
- Restrict communication to specific topics or methods
- Set temporary child support
These terms are temporary and usually last until the order expires or a custody court enters a different order.
How does a DVO affect custody in Kentucky?
Kentucky courts normally start from a presumption that joint custody and equal parenting time are in the child's best interests. That presumption does not apply to a parent who has had a DVO entered against them. Instead, the court decides custody without that starting point, and domestic violence and abuse is a factor the court must consider in deciding the child's best interests.
In practice, a parent with a DVO against them may still receive parenting time, but the court may limit it, require supervision, or set conditions such as completing a batterer intervention program.
How does an order of protection affect custody in Tennessee?
When a Tennessee court finds that a parent has committed abuse, the permanent parenting plan must include limits designed to protect the child and the other parent, such as supervised parenting time, restrictions on overnight time, or conditions like completing a treatment program. Abuse is also a factor in the court's best-interest analysis.
Do the effects end when the order expires?
Not entirely. The temporary custody terms in a protective order generally end when the order ends. But the underlying finding of domestic violence can still be considered in later custody decisions, including a modification. A court looks at how recent and how serious the abuse was, and what has changed since.
What about custody exchanges and communication?
When there is a protective order and the parents share children, courts often set up:
- Exchanges at a neutral location, sometimes a police station or a supervised exchange center
- A third party who handles pickups and drop-offs
- Communication limited to the children, sometimes only through a co-parenting app, if the order allows it
Read the order carefully. If it prohibits contact, even messages about the children may violate it unless the order specifically allows them. Read about co-parenting apps and protective orders.
If you are the protected parent
- Ask that custody and parenting time terms be included in the protective order.
- Keep the order with you, and give copies to the children's school and caregivers.
- Document any violations with dates, and report them.
- Talk to a lawyer about a longer-term custody order, since protective order terms are temporary. Read about emergency custody.
If you are the restrained parent
- Follow every term exactly. Violations hurt you in the custody case and can lead to criminal charges.
- Complete any ordered programs promptly, and keep proof.
- Use the supervised or limited time you have, consistently. It is how you show the court you can be trusted with more.
- Ask for changes through the court, not by contacting the other parent.
How Wise & Associates can help
Wise & Associates handles custody cases involving protective orders in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. We represent both protected parents and parents working to restore time with their children. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
- Louisville, Kentucky: (502) 618-0000
- Nashville, Tennessee: (615) 208-9190