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A Restraining Order Was Filed Against Me in New Jersey, Am I Allowed To See My Children?

Published: September 18, 2018

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  • After receiving a Restraining Order by an ex girlfriend accusing me of harassment which was false, I contacted the law firm. Chris helped to get the case dismissed as quickly as possible ... full review

    Stanley
  • He assured me that he would aggressively try to get this unsubstantiated TRO dismissed as well as the harassment charge. Sure enough he did just that and on such short notice that it left... full review

    a client
  • Travis was able to successfully get the TRO dismissed without even going to a trial, and i am truly thankful for Travis and his confidence and savviness when it pertains to the law. full review

    a client

Can I See my Kids with a Restraining Order Against Me in NJ?

TRO Child Custody Lawyers in New Jersey

It is without question that domestic violence is a very serious matter. To that end, our Legislature specifically wrote in the New Jersey Prevention of Domestic Act that “domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; that a significant number of women who are assaulted are pregnant; and that victims of domestic violence come from all social and economic backgrounds and ethnic groups.”

The law further provides that “there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence.”

Consequently, when any person is accused of committing an act of domestic violence in New Jersey, the Court has very wide discretion and power to place appropriate restraints on the accused to afford the utmost protection to the alleged victim and potentially exposed children.

Child Visitation, Custody & Restraining Orders in NJ

To start, the Domestic Violence Act prohibits “in-house restraining orders,” meaning a Judge cannot allow the alleged victim and the accused the ability the occupy the same premises. Thus, if a temporary restraining order (TRO) is granted, the defendant must leave the home. This is also true for final restraining orders, regardless of who purchased the house or whose name the residence is currently in.

The DV Act further permits the Judge to issue orders effecting custody and parenting time. More specifically, a Judge may transfer custody from the alleged perpetrator to the alleged victim. The Judge may also direct that parenting time be suspended or supervised. Additionally, the Court has the power to specify a specific place where parenting time may occur and can also limit the frequency. Furthermore, the Court can also order that a parent undergo an evaluation to assess the risk of potential harm to the child. On top of that, the Judge may direct that the alleged perpetuator undergo counseling.

If a final restraining order is entered and custody has been transferred or parenting time has been changed, it’s important to remember that all family court orders are subject to change. A parent is also free to petition the Court and request that an order be changed. In order for a modification to be made, the requesting party must demonstrate that the circumstances have changed since the restraining order was entered. Attempting to change a child custody order after a restraining order is extremely complex and best handled by an experienced attorney.

Accused of Domestic Violence, Need to See my Kids in New Jersey

To answer the question about whether a person can see their children if a restraining order is filed in New Jersey, the answer is yes, but, there may be some restrictions. The most important thing to do if you’re being prevented from seeing your children in connection with a restraining order is to seek legal help right away. The attorneys at our firm have extensive experience fighting for child custody and visitation for clients dealing with restraining orders in New Jersey and we can help you. Call our office today at (908)-336-5008 or fill out our online form to arrange a free consultation about your restraining order child custody case.

Filed under: Family Law Issues

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With offices in Hackensack, Morristown, Newark, Middletown, and Collingswood, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

55 Madison Avenue Suite 400,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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