We’ve got a 3-year restraining order (RO) in place for our child against her father. This stopped all time-sharing and gave me sole decision-making, but I’m wondering if he’ll get any type of visitation now. The judge over the custody case could decide on visitation even with the RO. Has anyone been through this and can share what to expect?
If there’s an RO in place, he likely can’t be around your child for the duration of the order. But once it expires, things could change. It might be worth asking for supervised visitation if it does get brought up, especially if he’s unstable right now.
With a restraining order for the child, he wouldn’t be seeing her for at least those 3 years. His right to see her doesn’t override her right to be safe. Are you asking about after it expires? Because the court can extend it if necessary. Since you’re in a custody case too, the judge may grant custody to you without visitation due to the restraining order in place.
@Lyric
Depends on your state. Sometimes the court handling custody can modify the RO and set up supervised visits if needed. Usually, ROs are temporary, while custody orders are meant to be long-term. Family court can decide on things like parenting time, so I’d recommend a lawyer’s help with this; it can get complicated.
You’ll need a lawyer to help guide you here. If he’s pushing for visitation, the court may consider a plan with steps he’d need to complete first. Make sure your lawyer knows what you want, like maybe a mental health evaluation, regular clean drug tests, and supervised visits before any unsupervised time.
@Shiloh
Agree. Don’t just assume the RO will be enough to keep him away permanently. Courts usually lean towards giving parents some access if they’re willing to work for it. Drug testing can be helpful because it puts the responsibility on him to stay clean to see his child.
What led to the restraining order?
Paxton said:
What led to the restraining order?
There was a pattern of physical abuse towards both of us. He threatened to kill me and said he’d show up to her school with a gun to take her. He was later taken into custody for a mental health evaluation, and afterward, he was arrested for domestic violence against his parents.
@Winter
Unfortunately, if he wants visitation, he’ll likely get some form of it, probably very limited and supervised. To help protect your child, think ahead and make a list of conditions you’d want him to meet first. For instance, ongoing mental health treatment, substance abuse testing if needed, and therapy for your child.
Also, request that any contact happens only if a therapist agrees it’s in her best interest. For visits, it would be safest to have them at a supervised center, and for calls, use a court-monitored parenting app that keeps a record.
@Winter
With the restraining order in place, he won’t get custody. He’s not supposed to be around her at all.
Shan said:
@Winter
With the restraining order in place, he won’t get custody. He’s not supposed to be around her at all.
Sadly, that’s not always the case. Even with an RO due to harm, courts often still allow limited supervised visits. The likely setup would be 2-3 closely monitored visits a month at a center with a court-appointed supervisor.