Parents embroiled in custody and parenting time disputes may already be stressed out. The prospect of one person deciding when or whether you can see your own children is enough to make a bad situation much worse. If the relationship is particularly contentious, it is possible that a domestic abuse or harassment allegation may become part of the proceedings, even if there is no evidence to support it.
It may be an overreaction by a parent, or a calculated move to gain an advantage. Regardless of the reasons behind it, such an action cannot be taken lightly.
Why is this? The answer is simple. Family court judges take acts of domestic violence very seriously. As a matter of law, their interests lie in protecting children from volatile situations between mothers and fathers.
Indeed, you may have serious issues with the restraining order, and it may be flawed. Accordingly, family court judges are supposed to review them very closely because of the lifelong effects that domestic violence may have on children. After all, a child's emotional well-being is not served by being placed in the middle of warring parents. Also, studies show that children who witness domestic violence are more likely to become abusers or can carry severe emotional damage for years to come.
So, if you have been served with a restraining order or have been accused of domestic violence, it is important to speak with an experienced family law attorney as soon as possible. You may be subject to criminal consequences for unknowingly violating a restraining or a no-contact order. Also the presumption it may carry with a family court judge may jeopardize your custody position.
The preceding is not legal advice.