Can I get temporary custody as part of a protective order against the other parent?
A protective order cannot determine child custody, visitation, or child support. The exception to this is that a judge can temporarily suspend or change (modify) an existing child visitation order in a protective order to protect against threats of abuse or physical violence by the abuser, or against a threat to violate a custody order.1 Unless the protective order covers the child too, the judge will usually grant exceptions to the other parent for visitation and communication with the child or about the child.
It is important to know that having a protective order against the other parent alone does not necessarily give you custody or suspend the other parent’s custodial or visitation rights unless the order specifically says that it does.
To get legal help and advice on your options, please contact a lawyer. To find one in your area, go to our Oklahoma Finding a Lawyer page.
1 22 O.S. § 60.4(I)(1)