How Protective Orders Impact an Oklahoma Divorce

By Travis Vernier, Esq. – Bennett Vernier, PLLC

Not all divorces are amicable. In high-conflict cases involving domestic disputes, harassment, or threats of violence, protective orders may be necessary to ensure safety and provide emotional and physical space during the divorce process. However, while protective orders can serve an important role in safeguarding individuals, they also come with legal consequences that may affect child custody, asset division, and the overall divorce proceedings.

If you are considering seeking or defending against a protective order, understanding its legal impact is essential.

What is a Protective Order?

A protective order (commonly referred to as a restraining order) is a court-issued order designed to protect a person from harm, threats, or harassment. These orders may:

✔ Restrict contact between the individuals involved.
✔ Prevent physical proximity, such as prohibiting the restrained party from coming near a home, workplace, or school.
✔ Limit communication, including phone calls, texts, and social media interactions.
✔ Impact child custody by restricting access to children or dictating supervised visitation.

Protective orders are common in domestic disputes and may be granted when one party can demonstrate a credible threat of harm or ongoing harassment. In divorce cases, mutual protective orders may be issued if both spouses file claims against each other.

How Protective Orders Affect a Divorce Case

While protective orders serve a critical purpose in ensuring safety, they can also complicate divorce proceedings. Here are some key pros and cons to consider:

✅ Potential Benefits of a Protective Order in Divorce

✔ Ensures safety – If one spouse poses a real threat of violence or harassment, a protective order can provide legal protection and peace of mind.
✔ Provides emotional distance – This can prevent high-conflict situations and allow both parties to navigate the divorce with less tension and fear.
✔ Can serve as evidence – If domestic violence is an issue, a protective order may support claims for sole custody or other legal decisions regarding the safety of children.

❌ Potential Drawbacks of a Protective Order in Divorce

🚫 Can escalate conflict – Protective orders may fuel resentment and make it harder to negotiate settlements on custody, property division, and financial matters.
🚫 Limits co-parenting communication – If a protective order prevents direct contact, it can make coordinating child custody schedules and parenting responsibilities more difficult.
🚫 May lead to mutual protective orders – If one spouse files for a protective order, the other may request one in return, leading to court-imposed restrictions on both parties.
🚫 Risk of misuse – Unfortunately, protective orders can sometimes be used as a legal strategy to gain leverage in custody battles, even when no real threat exists. Courts take false or exaggerated claims seriously, and such actions can backfire.

Can a Protective Order Impact Child Custody?

Yes. Protective orders can directly affect custody and visitation rights. If a judge believes that one parent poses a risk to the child’s well-being, they may:

✔ Restrict custody or visitation rights for the restrained parent.
✔ Order supervised visitation in a safe environment.
✔ Deny joint custody if domestic violence is a factor.

However, courts also evaluate whether a protective order was requested in good faith. If a protective order appears manipulative or unwarranted, the judge may question the credibility of the requesting parent, which could affect the case.

💡 Example: If a parent seeks a protective order primarily to influence a custody ruling—rather than for safety concerns—the court may view this as an attempt to alienate the other parent, which could negatively impact their own custody rights.

Should You File for a Protective Order During Divorce?

A protective order is a serious legal action that should be pursued only when necessary for safety and well-being. Before seeking one, consider:

🔹 Do you have valid concerns for your safety or your child’s safety?
🔹 Have there been prior incidents of violence, threats, or harassment?
🔹 Would a no-contact order interfere with co-parenting or financial agreements?

Conversely, if you are defending against an unjust protective order, it’s essential to act quickly to protect your rights. An experienced Oklahoma divorce attorney can help challenge an unfair order and prevent it from negatively impacting your case.

Consult an Experienced Oklahoma Divorce Attorney

Whether you need to obtain a protective order or defend against one, the legal implications can be serious and long-lasting. Having an experienced family law attorney on your side can ensure that your rights and safety are fully protected.

📞 Call (405) 456-0404 today to schedule a confidential consultation with an experienced Oklahoma divorce attorney.

💼 Protect yourself, your children, and your future. Contact Bennett Vernier, PLLC today.