Being embroiled in custody and parenting time dispute is undoubtedly stressful if you are a police officer. The prospect of one person deciding when (or whether) you may see your children is inherently unfair, especially when they don’t know you at all. Decisions about parenting time and access can become especially complicated when you include a restraining order.
Regardless of whether the order is based on a parent’s overreaction, or whether it is a calculated move to gain an advantage in a custody proceeding. A restraining order cannot be taken lightly.
Indeed, the restraining order may be flawed, but family court judges take domestic violence allegations very seriously; especially when the allegation is lodged against a police officer. As a matter of law, their interests lie in protecting children from volatile situations between mothers and fathers.
Family court judges are quite concerned about the lifelong effects that domestic violence has on children. Studies show that children who see domestic violence between their parents are more likely to be abusers or can carry severe emotional damage into adulthood. Suffice it to say, a child’s emotional well-being is not served by being placed in the middle of warring parents.
But as we alluded to earlier, not every allegation of domestic abuse is legally actionable, meaning that they may not lead to criminal charges. Nevertheless, if you have been served with a restraining order or accused of domestic violence, it is important to speak with an experienced criminal defense attorney as soon as possible.
The preceding is not legal advice.