English
EspañolV has RO, asks if A can still come get kids for visits
Since you asked about visitation and mentioned that you have an order of protection, I wanted to let you know that generally, if a person is granted an order of protection against a party with whom they share a child/children, it could possibly mean that a prior custody/visitation order might need to be modified so that it is not in conflict with the terms of an order of protection. For example, if an order of protection states that there is to be no contact between the parties, but a prior custody/visitation order provides for parents to exchange the child(ren) in a way that allows for contact, this might need to be modified by the parties. In general, custody orders are not usually permanent. If circumstances change or if the other parent violates the custody order, a parent may be able to file to modify/amend the custody order. To change a custody order, generally a person may need to file a petition to modify (change) the custody order and, depending on the state, s/he may have to prove that a “substantial change in circumstances” has happened since the order was issued. You may want to talk to a lawyer to find out what the legal standard for changing a custody order is in your state. If the judge believes that there has been a substantial change and that modifying the order would be in the children’s best interests, the judge might change the order. If you are interested in modifying a custody order, you may want to see if you can get a lawyer to help you prepare the paperwork and represent you in court since it can be difficult to do it on your own. Here is a link for lawyers in STATE: LINK. On our WomensLaw.org website, we have some information about modifying an order in STATE here: LINK IF WE HAVE THIS ONTHE CUSTODY PAGE - IF NOT, DELETE THIS SENTENCE
Further, I wanted to mention that if a person violates the terms of an order of protection (for example, if that person is to have no contact with a victim and then contacts that person), regardless of why the person violated the order, such a violation could result in serious consequences for the respondent/person who the other party filed for protection from. We have more information on violations of an order of protection in STATE here: LINK
As mentioned above, you might wish to contact a lawyer for more information on how to modify a custody order or to ask whether or not there may be other options, such as making arrangements for visitation outside of the court process, that could be possible.
