How do protection orders affect an abuser’s right to access their children?
In New York, a protection order affects an abuser’s right to access his or her children. When a court issues a protection order, it is usually issued for the safety and protection of the victim. It may include language that prohibits the abuser from having any contact or coming within a certain distance of the victim and certain members of the victim’s family, including any children. This means that the abuser would not be allowed to have any contact with the children, either in person or electronically. Furthermore, the abuser cannot come within a certain distance of the children. This distance is usually determined by the court and the abuser must remain outside that zone and be aware that the court can enforce this element of the order. The protection order may also include a “protective custody order” which gives the victim authorization to have full legal and physical custody of the children. This order can last up to a year in New York and can be renewed or revoked based on the circumstances. In the protective custody order, the court will also determine the terms of visitation between the abuser and the children. In summary, a protection order in New York can greatly restrict an abuser’s right to access their children as it prohibits certain contact and imposes a certain distance from the children. Furthermore, the court can authorize the victim to have full legal and physical custody of the children, as well as determine any terms of visitation between the abuser and the children.
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