Does filing an order of protection apply to my minor child if I share joint custody?

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Does filing an order of protection apply to my minor child if I share joint custody?

I have just filed for divorce on my husband. We have been separated for 4 years, and have a 6 year old. He has become verbally abusive, narcissistic, and bullying. He has been leaving nasty emails and voice mails to try to bully me into doing what he wants. If I file an order of protection (against the harassment), will that also cover my son, showing he is capable of this kind of behavior possibly towards him (even though he hasn’t yet) since we are filing joint custody?

Asked on November 18, 2010 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is not so easy to get an order of protection as many people think.  The initial request may be granted temporarily but the hearing on the permanency will require decent proof so save whatever e-mails and voice mails you have.  If you are in fear and you are in fear for you son, you can request an order of protection for him as well.  The order that covers you covers you.  If he has never exhibited behaviour that is threatening to your son, though, the court may not grant it.  Judge's do not like to separate children from their parents unless there is clear and convincing evidence here.  Good luck.


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