If you are a parent in the midst of a custody and parenting time dispute, you are probably stressed out already. Add the prospect of a restraining order, and it might send you over the edge. Indeed, initiating a domestic abuse or harassment action in the middle of a custody matter may be dubious. However, it cannot be taken lightly.
Why is this? The answer is simple. Family court judges take acts of domestic violence very seriously. Also, their interests lie in protecting a child from a potentially volatile situation between mom and dad. So if you are the subject of a domestic abuse action, or have been served with a restraining order, it is critical to take it seriously as anything else in your life.
While you may have serious issues with the restraining order, and it may be flawed, family court judges review them very closely because of the lifelong effects that domestic violence has on children. It has been noted that children who witness such violence are more likely to be abusers or can carry severe emotional damage for years to come.
So what should a parent in this situation do?
Indeed, you want contact an experienced family law attorney as soon as possible. A skilled lawyer can explain the ramifications of possibly violating the order. Yes, there can be criminal consequences with violating a harassment or no-contact order, but the presumption it may hold with a family court judge cannot be understated.
The preceding is not legal advice.