Can my unborn child be added to the restraining order?
If you’re pregnant and fear that the father will cause harm to you or your unborn child or has already caused some kind of harm, it’s a good decision to talk to an attorney who can give you options about filing for a restraining order. Most of the time, a restraining order can cover the unborn child as well. For many people, pregnancy and childbirth are times when they celebrate new life. If you are faced with a domestic violence situation, it can sometimes complicate the pregnancy. The stress over dealing with the father of your child can sometimes cause panic attacks, high blood pressure, and other health issues that can lead to problems with the pregnancy as well as the labor and delivery of your child.
A restraining order is a document issued by the court that protects one person from another. It can cover people who are stalked or those who have a fear that something is going to happen to them. There are states that require proof that an incident has occurred to make you fear for your life while other states will issue a restraining order simply because there is a potential for abuse or a devastating incident to occur. There is often an option to get a temporary restraining order in an emergency situation until you can talk to an attorney and go to court to get one that covers a longer period of time. A restraining order will cover you in almost any location, even if you are out in a public setting and encounter the person who is listed on the restraining order. There are expiration dates on emergency and long-term restraining orders. In most states, you will need some kind of proof that the father has harmed you or has threatened to harm you or your unborn child in order to get a restraining order that covers a longer period of time.
There are rights that the father of your child has that you need to keep in mind. Unless you have proof that your child’s father has threatened your child, a restraining order doesn’t always cover your unborn baby. The father of your child will need to take a paternity test in order to prove that he is that father. After paternity is established, the father does have the right to file for custody. However, if there is a concern for the safety of your child, you can talk to an attorney who can file the proper paperwork to strike the motion and to prevent the father from obtaining custody. However, the father does have visitation rights in most states. You can request that the visits are supervised instead of letting your child stay with the father alone.
You also have rights that you can discuss with your attorney. If you desire, the father doesn’t have to be present in the delivery room after a restraining order is filed or after any other court document is filed to keep the father away from you and your child. Keep in mind that if he is proven to be the father, then he does have rights to see your baby in the hospital. The birth of your baby should be a time when you have as little stress as possible. If the father is present, then it could become a situation where you experience issues that could impact the health of your baby and you. If there is any concern for the health of your baby, you would have to go to the courthouse to file for a restraining order to protect your baby. This would be a separate order from the one that you file for yourself. Most judges will do what is best for your child. If keeping the father away will offer protection, then a restraining order is usually issued.
It’s important to keep detailed notes of all events that occur between you and your baby’s father. Write down any time he calls and begins threatening you or comes to your home to threaten you. You should also make notes about any time he stalks you in public or if you suspect that he has someone else trying to stalk you or harm you. Take everything that you have to court when you seek a permanent restraining order or one that is set for a longer length of time than the emergency order. In the event that the father tries to make contact with you after the order is in place, you need to document this information because he can be arrested.