Can My Child be Included on the Restraining Order?

November 13, 2020 | Cierra Garso

It can be difficult when you and your ex have shared custody over a child but you’ve filed for a restraining order. Can you include the child?

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If you’re seeking a restraining order for domestic violence or domestic abuse, you can include your children if the children are present for the abuse, if they’re a victim of the abuse, or if they’ve been directly impacted by the abuse.

You should be prepared to go to court and explain to the judge the detrimental impacts this has had on your child. If the child is not present, was not a witness or was not a victim, it’s probably going to be more difficult to include them in your protection order. But a good practice is to always make sure you let your judicial officer know that there is a child involved and what their involvement has been.

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