Impact of a Restraining Order on Holiday Visitation Rights

December 12, 2016 · by RLF Attorneys · in

restraining-order-documentFor families in which the parents no longer reside together, the holidays can be very stressful. Joint custody situations can lead to logistical and emotional challenges, especially when one parent has a restraining order against the other.
A restraining order does not necessarily mean that you cannot see your children on holidays. Depending on the situation, there is often room to negotiate visitation rights.
For parents with a divorce agreement in place that includes visitation rights, the introduction of a restraining order does not necessarily change the terms of the agreement. In order to comply with the order, the parents can set up a meeting place that allows the two parties involved in the restraining order to avoid coming in contact with one another. A neutral third party, like a friend or family member, can take the children from one parent to the other.
If a divorce agreement was never established, such as when the parents were never married, there are options to establish visitation rights even after the restraining order is imposed. Both parties would have to go before a judge and work out a stipulation on how custody and visitation would be arranged while the restraining order is in place.
In any case involving a restraining order, it is up to the judge to consider what is in the best interest of the children. There are numerous factors that a judge will consider before determining visitation rights. This includes any history of domestic violence or physical abuse (of the other parent or the children), the stability of each parent’s home, the educational and health needs of the children, and even the parents’ ability to cooperate on matters of the children.
If you have a restraining order against you and wish to work out visitation rights, be sure to consult with an attorney before you take any kind of action. Violating a restraining order, even unwittingly, is a fourth degree crime. A conviction could result in up to 18 months behind bars as well as a fine of up to $10,000. If you or a loved one has been charged with violating a restraining order, or wishes to have a restraining order against you removed, contact an attorney to protect your legal rights. The lawyers of the Rosenblum Law Firm are prominent criminal defense attorneys that have handled numerous cases involving restraining orders in New Jersey. Email the Rosenblum Law Firm or call 888-815-3649 for a free consultation about your case today.