Legal Question in Family Law in District of Columbia

Restraining order vs. visitation

I have temporary custody of six of my children due to a TPO I filed in July and amended in Aug. with my children's father. I got the restraining order because of verbal and several physical altercations usually in my home. In the amendment he is supposed to pick-up our children for his visitation on the 1st and 3rd Sat. and Sun of each month from 1-8 pm. He did that the first month. Since then there have been several arguments usually in front of the children until I have felt it was necessary to cut off all communication between me and the children and him. I also told him that his visitation would be halted until such time as a therapist or court date could be arranged because he continuously puts them in inappropriate situations. He is not currently paying any child support because it was suspended while he was in jail, he has only been out 7 months. So my question is how can I get him to abide by the order and leave me alone, and only come to my home for pick-ups and drop offs. He is still on parole and someone told me to contact his parole officer. Any legal advice would be greatly appreciated.

Sincerely,

Done in by my baby's father


Asked on 2/18/04, 12:27 pm

1 Answer from Attorneys
Tiziana Ventimiglia Tiziana Ventimiglia, Attorney at Law

Re: Restraining order vs. visitation

Hello,

I have a couple of questions... is there a court case pending? if so is custody at issue at all or is it only a matter of visitation? Your temporary restraining order is only good for a limited amount of time.. you need a permanent order from the Court. if he is violating the TPO terms, you should ask the court to put him in contempt of court, and the results could lead to a fine or even to jail if he persists. Also, if there is an order in place that allows him to see the children and you do not let him see the children.. you need to go back to court and move the court for entry of a new order possibly even suspending visitation if you can prove how severe the altercations are (however.. be sure you are not at fault!!!!). If the case is not cut and dry, the court may appoint a Guardian ad litem to represent the children. Do not withhold visitation if you do not have something in writing that allows you to do so. if things get rough during pick ups and dropp offs.. call the police. Also think about the possibility of having the exchange in a neutral place like a nearby police station.

Sincerely,

Tiziana Ventimiglia

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Answered on 2/18/04, 1:38 pm


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