questions & answers

Question: I have a court order for parenting time that my Ex is not complying with. We have a court date set for the end of February. But today I was served with an order of protection but I have never threatened any harm. Can she use this order of protection to keep my kids from me? Or will she have to comply with the existing court ordered parenting time unless a judge approves modifications to it?

Answer: If a defendant’s children are named on an order of protection, along with their parent, the petitioner, then the petitioner may keep the children away from the defendant if that is what the order of protection calls for. However, if the defendant’s children are not named on the order of protection, but only their parent, the petitioner, is, then the petitioner remains responsible for complying with all other existing orders, and will need to arrange for the defendant to see the children in a way that keeps the defendant and the petitioner apart, consistent with the order of protection.