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How Do Restraining Orders Impact Custody and Visitation?
A restraining order can profoundly influence the resolution of child custody and visitation conflicts. For parents involved in such challenging circumstances, understanding the implications of a restraining order on child custody is essential. Please continue reading as we explore the significant facets of restraining orders and their impact on custody arrangements in New Jersey. Contact an experienced Ocean County Child Custody Attorney who can help protect your rights.
What Are Restraining Orders?
A restraining order is a legal instrument that legally prohibits an individual (the defendant) from contacting or approaching another person (the plaintiff). Such an order may also restrict interactions between the defendant and the plaintiff’s family, including any shared children.
These court orders are specifically designed to separate individuals in a domestic relationship for safety purposes. With limited exceptions, restraining orders can generally only be pursued when the plaintiff alleges that the defendant has perpetrated an act of domestic violence, child abuse, harassment, or neglect. In the Garden State, domestic violence is statutorily defined as occurring between:
- A spouse or former spouse
- A present or former household member over 18 (or an emancipated minor)
- Those engaged in a romantic relationship or who have dated
- Parents of a shared child
Although restraining orders serve as a vital protective measure, ensuring the safety of individuals, their implementation can complicate family situations. Notably, restraining orders can significantly impact existing custody arrangements for separated parents involved in domestic disputes. This is particularly challenging if the defendant-parent believes the accusations are exaggerated or unsubstantiated. In such cases, the most appropriate course of action is to comply with the restraining order and immediately obtain qualified legal representation.
How Does a Restraining Order Affect Custody and Visitation Rights?
When allegations of domestic violence arise in New Jersey, a judge may issue a Temporary Restraining Order (TRO) to protect the plaintiff and their family and friends from the defendant. If the parties live together, the individual subject to the TRO to vacate the shared residence.
The issuance of a TRO can significantly impact child custody arrangements, potentially superseding existing family law mandates. While the court prioritizes the children’s best interests, TROs are issued quickly and are temporary, meaning not all facts may be considered at the time of issuance. This can result in supervised visits or a complete cessation of contact with children during the TRO period.
A Final Restraining Order (FRO) can establish the terms of a TRO permanently, and the restrictions imposed may even intensify if you cannot adequately defend yourself during the final hearing. However, this hearing provides you with a crucial opportunity to address the court and present evidence of your suitability to care for the children. Given the critical importance of contact with children, it’s essential to seek legal counsel.
At the Law Office of Sarina Gianna, LLC, we are prepared to offer legal support throughout these difficult times. Connect with our firm today for guidance and skilled representation.