If I get a restraining order are my children protected?
Each case is different, and the answer depends on the restraining order. An order can require the person receiving the order to stay away from your children as well, but the court would have to make the decision that the person is a threat to not only you but to your children as well. This will happen in only egregious circumstances.
Let’s say the abuser is the father of your kids. A court will be loath to prevent your children from ever seeing their father. The focus then is the best interest of the children. Obviously, if the abuser is a danger to your children, then it isn’t in their best interest to see the abuser.
The judge can order an evaluation and recommend supervised visitation. If he complies at some point the court may allow unsupervised visitation.
This is a very fact-intensive inquiry.
If you face a Domestic Violence issue we have some valuable resources for you:
Do You Qualify for Legal Status? If you aren’t legal in the U.S. you owe it to yourself to find out if you can get legal status. Select the link, answer the questions, and find out for FREE.
An Immigrant’s Guide to Municipal Court Here I discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings. I also explain the municipal court process and how a municipal court matter can result in your being placed into removal proceedings.
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