Protective orders most frequently result from domestic violence. These orders prevent people from engaging in certain types of conduct including contact made in person, over the phone, through email, by text, or through any other type of social communication.
If a couple at the center of a protective order has children and the parent is not accused of harming the child, it might still be possible for both parents to have some type of visitation rights with the children.
The following will review some of the important issues that parents should address when attempting to co-parent around a protective order.
Georgia Law and Family Protective Orders
To obtain a protective order in Georgia, several requirements must be met.
First, an act of violence must have occurred between people who have some type of past or present relationship. These relationships include spouses who are currently or were formerly married.
Also, the violence in question must be of a certain nature. The violent act must be a felony, a battery, an assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
Within the petition for a protective order, a person will be able to request that the couple's children have some level of interaction with the abuser.
While protective orders are at first temporary in nature, they can be made permanent if the abuse or threatened abuse continues and the individual requests an extension before the order expires. How the exact protective hearing proceeding occurs can change greatly between cases.
It is often helpful to rely on the assistance of an experienced family law attorney attorney during this challenging time.
Determine What Type of Communication is Permissible
Courts will frequently specify the methods through which parents can communicate with one another when a protective order in place. These restrictions will then determine how parents are allowed to exchange the kids.
Some parents in this situation decide to use apps that allow them to share information without any type of direct communication.
No matter what a court permits, it is important to follow these restrictions or parents can end up facing much more serious consequences.
Potential Solutions When Protective Orders are Required
Even though it presents it challenges, there are a number of strategies that parents can use to effectively co-parent around protective orders. Some of these solutions include:
- Use a notebook to share information. The notebook should include any details about what happened during visitation with the children.
- If a court allows email communication with the other parent concerning the child, it might be a wise idea to use a program like ProperComm which monitors your interaction with the other parent. This program is capable of removing any offensive language that might violate a protective order.
Speak with an Experienced Family Law Attorney
If you have a no-contact order in place against your co-parent, it is critical to speak with an experienced family law attorney who can help navigate you through this sensitive situation. Contact Vayman & Teitelbaum, PC today to speak with an experienced attorney.