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How a Restraining Order Can Affect Custody

February 23, 2022 | Posted In Criminal Law, Family Law |

When faced with the prospect of a restraining order, many people do not make the connection that a restraining order could potentially impact the custody of their own children – even if the children themselves are not a part of the restraining order. If you are subject to a restraining order by another party, the implications can absolutely extend to child custody concerns. This is especially true if the restraining order is between you and the other parent of your child. That is why it is so important to seek help from a New Jersey restraining order lawyer who has experience in and knowledge of this impactful field of law.

The attorneys at Helmer, Conley & Kasselman have deep knowledge regarding the impact of restraining orders in the state’s various court systems. Reach out today to a New Jersey restraining order attorney to learn more about how restraining orders can impact your child custody arrangement. If a restraining order has already impacted your rights to custody, or if you have been accused of violating a restraining order and are concerned about what could happen next, give our team a call. Our lawyers will work together with you to advocate for your rights and obtain a satisfactory resolution to your dispute.

Don’t Forget – Restraining Orders Are Always in Effect

There is no “day off” or “time off” from New Jersey state laws, and there is no “holiday” or “time off” from the terms of a restraining order. Restraining orders can be issued and enforced during the holiday season, just like any other time of the year. This can be difficult and painful because the specifics of a restraining order may get in the way of, and complicate, your ability to spend time with certain loved ones, including your child, during various times of the year. 

However, this does not provide any leeway for violating the terms of a restraining order. You must ALWAYS strictly comply with the requirements of your order. There is no time off, no matter how significant a certain event or time of year is for you and your relationship with your child. You must follow whatever procedures are required by your restraining order to spend time with your child and maintain your custodial rights.

Restraining Orders Can Impact Criminal Charges and Convictions

While a restraining order alone is not a criminal charge or conviction, the existence of a restraining order can impact a court’s ruling and findings when dealing with criminal charges and convictions – in particular, domestic violence charges. The existence of a restraining order, paired with criminal convictions from domestic violence with the parent of your child can make courts significantly favor one parent over the other.

For this reason, especially if you have children and custody issues, it is incredibly important to not take a restraining order, or the possibility of a restraining order, lightly. You need to speak with a New Jersey restraining order lawyer.

You Can Turn to Our New Jersey Restraining Order Lawyer

Handling the burdens of a restraining order and matters involving the possibility of a restraining order can sometimes feel like too much to handle on your own. Our firm’s New Jersey restraining order lawyer will address your legal issues in a non-judgmental and compassionate manner. We are here to answer your questions and provide you with advice and guidance on how to navigate common pitfalls and challenges for your unique situation. Contact us now to set up your first meeting with one of our New Jersey restraining order attorneys.


Over 20 attorneys at HCK have extensive experience in restraining order matters as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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Helmer, Conley & Kasselman, P.A.

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