One of the more complicated issues in family law is when the parents have a Restraining Order or a criminal No Contact Order that prevents them from communicating with each other. This can make it very difficult in working out custody and placement issues involving children. We are commonly asked whether or not a Restraining Order against someone will limit their ability to see their children.
The answer is very complicated, but often depends on how the person and their attorney navigate multiple areas of the law.
While a Restraining Order or a No Contact Order by themselves may not necessarily prevent or limit contact with someone’s children, they can create logistical challenges. For example, the two parents are not able to speak or text with each other to make arrangements for spending time with their children. The parents may also be prohibited from driving to the other parent’s home to pick up or drop off their children.
At HART LAW OFFICE, we regularly deal with both family and criminal law cases. It is not unusual that we represent clients who have legal needs in both of those areas. The key to still maintaining a good and regular relationship with your children is to know when to be aggressive in court system and when to be more passive when trying to see your children. It is a very fine line, as being too aggressive can backfire and upset the judge you are in front of or being too passive can cause unnecessary delay. Having an attorney who knows how to navigate this is very important. It is also very beneficial to have an attorney because, even though a person may not be able to speak with the other parent, that attorney is able to communicate with the other parent. This can help a parent see their children faster and more often. An attorney can be communicating on a daily basis. Whereas, without an attorney, a parent may have to wait for court dates in order to get time with their children.
Contact us if you have a Restraining Order or a No Contact Order involved in your family and need assistance in navigating these issues.
Q: What is a divorce?
A: A divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. The reasons given when filing are referred to as the grounds for divorce.Read More ›