Co-Parenting With a Restraining Order in New Jersey

May 6, 2024 | By Allison J. Burkhardt

You filed for a Temporary Restraining Order against the other parent of your child and, after a hearing, were granted a Final Restraining Order. The other parent is now restrained from communicating with you either directly or through third parties and is prohibited from being present at your place of employment or residence.  At this point, you may ask – how will I communicate with the other parent regarding our child? How will we exchange our child for parenting time? How will we both attend events for our child?

It is important to have clear parameters outlined in your Final Restraining Order to protect you against future acts of domestic violence while still allowing you to co-parent for the best interests of your child.

A Final Restraining Order may include a very limited exception that permits the other parent to communicate with you solely regarding matters pertaining to the children.  These communications are limited to being in writing and through an application such as Our Family Wizard or AppClose.  If there are concerns the other parent will not comply with the limitations, one may consider utilizing an application like Civil Communicator where a third party reviews any communications prior to them being sent and will block a communication if it does not comply with the terms of an Order.  While written communications are intended to serve as a deterrent to the other parent sending inappropriate communications, you still have the option to file the appropriate complaint if the other parent sends you a communication that does not pertain to the child in violation of the Final Restraining Order.

A Final Restraining Order may also require parenting time exchanges to take place at a public location or police station.  The presence of a police officer at a police station, or cameras and/or third parties at a public location, are intended to deter the other parent from attempting to violate the provisions of a Final Restraining Order.        

Having a child with someone who has a Final Restraining Order against them can be complicated. While it may mean they need to stay involved in your life, there are ways to prioritize your safety while still ensuring your child has both parents present.


The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys. 

About the Authors

Allison J. Burkhardt

Associate

Allison concentrates her practice on all aspects of family law including divorce, child and spousal support, domestic abuse, paternity, and adoptions in the greater Mount Laurel, NJ area. As an attorney practicing...

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