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.