Exercising Parenting Rights Without Violating a Restraining Order

A restraining order isn’t just another piece of paper—it’s a legally binding and enforceable set of requirements. If you violate it, you could be arrested and charged. So what happens if you’re prohibited from going near your ex, but you have parenting time with your kids? Your first step is to contact your child custody attorney.

Your lawyer will review the child custody agreement and the restraining order. If the restraining order was issued after the parenting plan, then it may already make provisions for child exchanges. Otherwise, the attorney can petition the court to modify the documents so that you can see your kids without being in violation. It is always important to seek “peaceful contact” orders, if appropriate, to allow sufficient contact with the protected party to ensure the custody and/or visitation orders are followed. In the meantime, it may be possible to do the exchange at a police station or visitation exchange center. To avoid potential legal trouble, don’t take any action until you speak with your family law attorney.

You’ll find responsive, attentive client care at Singer & Associates of Sacramento, CA. Get in touch today at (916) 922-5985, and let us know how we can help you exercise your parental rights.

The information presented in this article should not be construed to be formal legal advice by Singer & Associate Law Office, or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

Categories: Restraining Orders


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