If you were served with a restraining order during a divorce, or if you think your spouse is considering divorce, it can have a significant impact on the outcome of the final agreement.
In New York, as well as in other states throughout the nation, domestic violence is taken seriously by the courts. Even an accusation of domestic violence can have a substantial effect on a parent’s ability to obtain physical custody or parenting time since family court judges must take into consideration the actions of the abuser.
A restraining order may cause a judge to reduce parenting time and only allow it under certain circumstances, such as supervised parenting time. In other cases, a judge can deny parenting time entirely until the parent completes specified conditions, including anger management classes or co-parenting communication courses.
How an Experienced Family Lawyer Can Help
At Empire Law, we understand that there are situations where a restraining order – or accusations of abuse – is only an attempt to gain the upper hand in a custody dispute. In fact, it is common for the accused or the accusing spouse to attempt to contact the other to resolve the issue, which is considered a violation and can result in further criminal charges. Disobeying a restraining order may be viewed as an individual’s inability to follow a court order in the eyes of a judge.
It is imperative to obtain experienced legal counsel from a qualified family attorney. Our Bronx divorce lawyers can thoroughly review your case and determine your legal options in order to get the most favorable outcome possible.