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How to Celebrate Father's Day Safely When There's a Protection Order Against Dad

Posted by Joseph D. Lento | Jun 16, 2023 | 0 Comments

Father's Day is more than a day to honor dads. It's an opportunity for fathers to strengthen their bond with their children. Having a father figure is essential to healthy child development and should be honored by co-parents even if the parents aren't living together. But if a co-parent has a protective order against dad, it can make celebrating Father's Day challenging.

What is a Protection Order?

A protection order also referred to as a restraining order in New Jersey, is issued by a judge to protect victims of domestic violence (plaintiffs) against their abuser (defendants). They are often used to protect a battered spouse or victim of domestic violence. Those who can file a PFA include:

  • A spouse
  • An ex-spouse
  • A present or former household member
  • Parents of a shared child
  • Those currently in or who have been in an intimate or sexual relationship

Protective orders prohibit a defendant from getting within a certain distance of the plaintiff for a specific period of time. The order may also include other restrictions, such as:

  • Prohibit the defendant from contacting the plaintiff
  • Prevent the defendant from entering the plaintiff's home, school, job

Protective orders are in effect until the next court hearing, such as a domestic violence arraignment. At these hearings, the overseeing judge may make the order permanent.

The overseeing judge may also prohibit custody or visitation between the defendant and their children if the judge believes it is in the children's best interest. If a family law court has already put custody mandates in place, the judge's protection order will supersede the family court's order.

How to Safely Celebrate Father's Day With a PFA

Unless the protective order prohibits the father from having contact with his children, both parents should honor the arrangement, especially on Father's Day. However, some extra measures may be needed not to violate the no-contact or premises requirements of the protective order. For example, if the order prohibits the father from entering the family home, the parents should choose a neutral location for child drop-offs and pickups.

It's important to remember that the courts use protective orders to protect victims of domestic violence, whether they are the parents or the children. Violating the terms of the order is considered a crime and may result in arrest and potential jail time for the defendant.

Navigating PFAs During Father's Day

Protective orders provide legal protection against victims of domestic violence. But these orders can make holidays like Father's Day challenging for the entire family. If you or a loved one is involved in matters of Family Law in New Jersey, contact attorney Joseph D. Lento and his Family Law Team at (888)535-3686 or online today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.

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Attorney Joseph D. Lento has more than a decade of experience practicing Family Law in New Jersey. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Family Law Attorney Joseph Lento will go above and beyond the needs for any client and fight for what is fair.

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