Can I See My Kids if There Is a Restraining Order Against Me?

 Posted on June 06, 2023 in Family Law

In some cases, your ex-spouse may have filed for and received a restraining order against you. The order may require that you remain a certain distance or refrain from contact with your ex-spouse. You may be wondering whether a restraining order will keep you from visitation with your children. A Wheaton child custody attorney can give you advice, which will depend on the specifics of your situation. 

The Best Interests of Your Children

If you have been accused of domestic violence, the court may make a separate determination about whether you would pose a danger to your children. Above all, the court wants to provide a safe environment for your children. They will also weigh the importance of your relationship with them when they determine the best interests of the children. The considerations could be different when the court believes that the children may be harmed.

Supervised Visitation with the Children

Still, there are options that could still allow you to spend time with your children, even when there is a restraining order. The court could allow for supervised visitation with your children, until the domestic violence accusations are resolved, or the court decides that you do not pose a danger to the children. Here, you would meet at a neutral facility with a state-appointed supervisor present. Although it may not be what you want, you would still get visitation. 

Over time, the level of supervision required may be decreased by the court. The benefit is that you could continue to maintain and build your relationship with your children. Alternatively, if the court will not allow physical visitation, they may still allow you to remain in electronic communication with your children. It is vital that you take advantage of every opportunity that you are given to spend time with your children. 

There is also an issue with pickup and drop-offs and any exchanges of the children. You could still potentially violate a protective order if you get too close to the other parent. The court may impose special rules for pickups and drop-offs, including one that could keep you from coming directly to the other parent’s house. 

Contact a DuPage County Child Custody Attorney Today

The Wheaton, IL child custody lawyers at the Andrew Cores Family Law Group can help you manage difficult legal situations involving custody. You can call us today at 630-871-1002 or contact us through our website to schedule your free initial consultation. Given the potential legal risks involved, you are always better off erring on the side of caution. 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100&ChapterID=59 

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.7