When the termination of parental rights is at issue, and in some extreme instances of parental discord that can revolve around a divorce, it may become necessary for a parent (or the Court) to obtain what is known as a No Contact Civil Restraining Order. (When violence has occurred, a Criminal Protective Order, or CPO may also be obtained.)
A no contact order in California may include any or all of the following prohibitions:
- No physical contact between the parent and child
- Parent not allowed to come within a certain distance of the child (such as 10 feet or 100 yards)
- No communication via phone, e-mail, postal mail, text, Skype, online chat room, or other forms of communication
- Parent may not enter child’s home or residence
- Parent may not possess or purchase a firearm
- Parent may not sell marital property
- Children may be ordered removed from the jurisdiction
These measures are indeed as serious as they read on paper; but the well-being of the children is paramount. Protection and restraining orders (no contact orders) can limit a parent’s physical proximity, keep you out of your own house, and even grant temporary custody of the children to your spouse or a third party. A No Contact Order is usually called for in cases when a parent has committed violent acts or has a substance abuse problem that has affected the well-being of the children. They are also used when there are allegations of sexual or physical abuse.
When a no contact order is made, a parent may not just show up at the child’s school, or send a birthday card, or touch or hug the child, or deliver gifts. If the court deems these are harmful or potentially harmful actions, they will be forbidden. Though a family/divorce attorney may become involved in obtaining this or other forms of sanctions, the No-Contact Order is by no means a “weapon” that may be wielded by parties to a divorce.
Please remember, the content of this blog is intended not as legal advice, but only for information and/or discussion purposes. Should you have questions or concerns about how California family law may apply to you, you may wish to consult a knowledgeable family law attorney.
As Orange County’s premier family law specialists, the attorneys at Dinnebier & Demmerle can provide answers to your questions and concerns, clarify and establish your legal rights, and represent you in court. If you would like more information about parental rights, No Contact Orders, Civil Restraining Orders, or any other aspect of California family law, please call to set up a consultation. We’re ready to move forward when you are. Just contact us in Tustin at 714-598-3714.