Can You Still Exercise Your Parenting Time If the Court Issues a Domestic Violence Injunction Against You?
The courts have an obligation to respect the rights of people accused of wrongdoing, such as the right to due process of law before the court takes any long-lasting action against them. They also have an obligation to protect people who are in immediate danger of harm, especially when that harm involves physical violence. When one former spouse accuses another of domestic violence, the courts take action quickly, often preventing the accuser and the accused spouse from contacting each other directly. When the parties involved in the alleged domestic violence incident have minor children together, the safety and wellbeing of the children is the first priority. As with all legal matters involving children, the courts determine the children’s best interests separately from anything that is going on with the parents. If your ex-spouse accuses you of domestic violence, the court will issue a temporary injunction quickly, and you must comply with it; if you do not, it will only make your legal problems worse. You will have a chance to tell your side, and unless your ex can prove that your children are unsafe when you are the only adult supervising them, you may be able to continue with your already existing parenting plan with few interruptions. Your best hope for maintaining a normal relationship with your children even when there is all kinds of drama going on with your ex-spouse is to contact a Boca Raton child custody lawyer.
You Don’t Have to Be a Perfect Angel to Be Just What Your Children Need
If your ex-spouse calls the police during a confrontation with you and accuses you of domestic violence, the court will probably order you not to contact your ex, at least until the next court date. You should have your lawyer ask if you can still exercise your parenting time and, if so, how you should arrange drop offs and pickups; you may need to have a relative or friend pick up your children if you are not allowed to go to your ex’s house while the protective order is in effect. How long the protective order stays in effect depends on the credibility of the allegations; the court may still order you to stay away from your ex for months or years, even if you do not get criminal charges for domestic violence.
As for how this affects your parenting time, the court will only reduce your parenting time or order supervised parenting time unless there is reason to believe that the children would be unsafe in your care. Family law courts know that there is a big difference between getting convicted of domestic violence in criminal court and your ex-spouse calling the police during a heated argument.
Contact Schwartz | White About Co-Parenting During and After a Domestic Violence Case
A South Florida family law attorney can help you maintain a stable relationship with your children, even if you have a volatile relationship with your ex-spouse. Contact Schwartz | White in Boca Raton, Florida about your case.