Restraining Orders

The standard that a judge will use when deciding whether or not to include a child in a protective order often varies by the state, county, or even by the particular judge. In some situations, a judge may only include a child on the order if the child was actually abused by the respondent; other judges may include a child if s/he witnessed the incidents of abuse; other judges may include a child if the judge believes that the child was put in danger if the incidents of abuse happened while the child was in the home even if the child didn’t witness the incidents; and other judges may include a child based on the petitioner’s request that s/he fears for the child’s safety, even if the child wasn’t present during the abusive incidents. Therefore, I cannot say which (if any) of these standards the judge in your particular situation may be following when deciding whether or not to include a child on a protective order that a parent applies for. You may want to talk to a lawyer in your state to get some legal advice if you believe that your child was/was not included incorrectly - here is a link for legal services: LINK Also, as you may know, even if certain terms or protections are included in (or excluded from) a temporary ex parte order, it’s possible that either party can present evidence to the judge at the court hearing where both parties are present to try to change the terms of the order. Again, having a lawyer’s help in this regard may be most helpful. And here is information about protective orders in case that’s useful: LINK