Domestic violence is a serious crime that results in what is known as a no-contact order. A no-contact order is a specific restraining order that requires the defendant to stay away from the victim and to not contact them in any way.
A no-contact order is automatically put in place when you are arrested for domestic violence, and the order stays in place until a judge removes the order. The order is put in place by the court system and is not influenced by the victim in any way.
If you’ve been charged with domestic violence and have a no-contact order placed against you, you likely can’t see your children. Either this will be a requirement of the no-contact order or because you cannot contact the other parent who has the children with them.
Hire an attorney to assist you in this diverse custody issue so you do not unknowingly break your no-contact order in order to see your kids. You can increase visitation with your children in some ways even if a no-contact order is in place.
Request Supervised Visitation
Supervised visitation, which is approved by a judge, allows you to see your children under someone else’s care (usually a state-provided caseworker) on certain days of the week. This type of supervision is typically approved if your no-contact order does not involve your children or if your children do not have a history of being abused by you.
This type of case needs takes the skill of an attorney. You will have to prove that you are of sound body and mind, and you must be agreeable to the supervision as it is set forth. If you do not participate in your approved supervised visitation, the visitation (and future attempts at visiting your kids) can become unlikely.
Request a Modified Parenting Plan
A parenting plan is a court-approved plan designed to help parents raise their children successfully with as little conflict as possible. If you have a parenting plan already in place, ask your lawyer to file a modification allowing you to have contact with the other party in your no-contact order for exchanging children only.
The severity of your domestic violence charge, any history of domestic violence prior to your current charge, and the wishes of the other party in your request are taken into consideration. However, in some cases, parents can be in contact with one another with a no-contact order in place as long as the interaction is observed in a supervised situation like a health and welfare office or a police station.
Take Court-Approved Courses
Perhaps the best way to encourage your chances of seeing your children on a more regular basis when you’ve been charged with domestic violence is to prove you are trying to better yourself. Talk to your lawyer about taking substance abuse classes, domestic violence courses, or even anger management classes through your state.
If you are low-income, you can receive funding assistance. Speak to a domestic violence coordinator for more information or ask your lawyer for referrals.
A no-contact order will remain in place until a judge lifts the order, no matter what attempts you make to resolve your situation. Do not attempt to call, text, or visit the other party (or your children) involved in the no-contact order in any way, including driving by the residence you are to stay away from. Violating a no-contact order often results in more jail time and further charges.
You have no guarantees you will receive more visitation with your children in the near future when you are convicted of domestic violence. However, you do have options based on your situation. See us at The Madden Law Firm Attorneys At Law for all your legal needs.
