My husband filed restrain order 3 weeks ago. Since then I cannot meet with my child. He denied my visitation right.
Is there any way until court day, I can meet or even talk with my child over the phone? Even with 3rd party presence, I would like to meet with my child. I have to wait another 2 weeks for court hearing.
Itmay be very difficult for you not to contact your child but as long as the order is in place, you can be jailed for reaching out to contact. If you can show the court there is no factual basis to this request, then the order will be lifted. Good luck.
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(Much of this information is valid for unmarrieds who have children together).
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
Divorce / Separation Lawyer
It is unusual that the return on the Restraining Order would be five weeks from the time it was filed. Without knowing the circumstances, it is difficult to say why there is to be no contact between now and the court date. Have you been to Court at all for the postponement? Did you ask for visits at the time the case was postponed? You could ask the court to dissolve the restraints as it relates to seeing or talking to your child. You should talk to a lawyer so you know your rights before the hearing.