The Misuse of Orders of Protection in Custody Disputes

Orders of protection—often called restraining orders—exist to shield individuals from genuine threats of harm. In legitimate cases, they can be lifesaving tools. But in the context of contentious custody disputes, these orders can sometimes be misused as strategic weapons rather than genuine safety measures.

If you’ve been accused of domestic battery and served with an order of protection during a custody battle, you’re not just facing criminal charges—you’re also dealing with a legal action that could affect your relationship with your children. While no lawyer can guarantee a specific outcome, the right legal approach can help you pursue the best possible result while protecting your parental rights.

How Orders of Protection Work in Illinois

In Illinois, an order of protection can:

• Restrict or prohibit contact with the accuser.

• Require you to move out of a shared residence.

• Limit or suspend visitation rights with your children.

• Impact decisions in family court regarding custody and parenting time.

These orders can be issued on an emergency basis, sometimes without your side of the story being heard first. That makes a prompt and strategic legal response essential.

Why Orders Are Sometimes Misused in Custody Battles

In high-conflict custody disputes, one parent may misuse an order of protection to:

• Gain leverage in custody negotiations.

• Remove the other parent from the child’s day-to-day life before a custody hearing.

• Portray the other parent as dangerous or unfit.

• Influence court perception by introducing a protective order into the record before the custody case is decided.

Even if the allegations behind the order are false or exaggerated, the existence of the order can sway both public opinion and judicial decisions.

Immediate Consequences of a Protective Order

Being served with an order of protection during a custody dispute can:

• Prevent you from seeing your children for weeks or months until a hearing is held.

• Affect temporary custody arrangements.

• Give the other parent a strategic advantage in family court filings.

• Increase the emotional strain of an already tense situation.

These consequences can occur even before any domestic battery charges are proven in criminal court.

The Connection Between Criminal and Family Court

In many cases, the criminal domestic battery case and the family court custody dispute run on separate but parallel tracks. A protective order in one can directly influence decisions in the other.

For example:

• If the family court sees an active order of protection, they may limit parenting time.

• If the criminal court sees the custody dispute, they may view the order as part of a larger conflict, affecting credibility assessments.

Your attorney must understand how these two legal arenas interact to protect your interests in both.

Fighting False or Misleading Allegations

If you believe an order of protection was obtained under false pretenses, your defense may involve:

• Challenging the credibility of the accuser’s statements.

• Presenting evidence that contradicts claims of abuse or harassment.

• Demonstrating motive to misuse the order in a custody dispute.

• Highlighting the absence of corroborating witnesses, police reports, or medical evidence.

The hearing for a protective order is often your first and best chance to present this information.

Risks of Violating a Protective Order

Even if you believe the order is unjust, violating it—even accidentally—can:

• Lead to separate criminal charges.

• Damage your credibility in both custody and criminal proceedings.

• Make it more difficult to modify or dissolve the order later.

Follow every term exactly and let your attorney handle any requests for changes.

Documenting the Custody Context

When a protective order is tied to an ongoing custody dispute, documentation is key:

• Keep records of all communications with the other parent.

• Save emails, texts, or social media posts that show normal or positive interactions before the order.

• Track all custody exchanges and interactions with your children.

This documentation can help show that the order was not based on genuine fear or recent events.

How the Order Can Affect Long-Term Custody Decisions

Family court judges consider the “best interests of the child” when deciding custody. An active or recent order of protection—especially one linked to domestic battery allegations—can weigh heavily in that analysis.

If the order is allowed to stand unchallenged, it may:

• Lead to reduced parenting time.

• Affect decisions on joint vs. sole custody.

• Influence rulings on relocation and decision-making authority.

Illinois Law on Protective Orders

The Illinois Domestic Violence Act governs how protective orders are issued, challenged, and enforced. It allows for emergency orders without the accused being present, but also provides a process to contest the order in court.

Understanding these procedures is essential to preventing a temporary order from becoming a long-term barrier to seeing your children.

How an Attorney Can Help

No attorney can promise to have an order of protection removed or prevent it from affecting your custody case. However, they can:

• Represent you at the protective order hearing to challenge false or exaggerated claims.

• Coordinate defense strategy between your criminal and family court cases.

• Present evidence that the order is being used strategically rather than for genuine protection.

• Work to protect your parenting time while the criminal case is pending.

Final Thoughts

The misuse of orders of protection in custody disputes can have devastating effects—not just on your defense in a domestic battery case, but on your relationship with your children. By responding quickly, following the order to the letter, and letting your attorney fight the allegations strategically, you can work to protect both your legal rights and your role as a parent.

Do You Need to Talk to an Attorney About Domestic Battery Defense?

If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.