Can the Judge include my child(ren) on the Criminal Protection Order?
Usually the Judges will not include your child(ren) on the Protection Order unless a charge was filed on behalf of the child. Custody of children is decided by Domestic Court, not Criminal Court. Unless ordered by a Judge, the defendant has the right to visit his/her children (if paternity has been legally established.) As long as there is a Protection Order in effect, the defendant needs to make alternative arrangements for getting the child(ren). For example, having the child(ren) dropped off at a neutral location (relative, neighbor’s home). Visitation does not give the defendant the right to enter your place of residence. If you have questions regarding visitation, please contact your Domestic attorney. If I obtain a Protection Order from the court, does that mean the defendant has been found guilty? No. The issuance of a Protection Order does not mean the defendant has been found guilty. The prosecution must still prove your case “beyond a reasonable doubt” at trial. You must take
Related Questions
- I would prefer that the other parent of my child(ren) have no partial custody or visitation with my child(ren). What are the chances?
- What standard does a court use in determining who should have custody of the child(ren)?
- If we have a play-date set up, will the sitter watch the other child or child/ren?
