Restraining Orders and Custody

Posted by emr on

Fighting over your child against the other parent can be ruthless and heartbreaking. Unfortunately there are aspects of the court system that can make it remarkably worse. A common combination in this area of law is a custody battle with restraining orders on one or both parents. Beware of this because it is often used as a tool for manipulation in the proceedings.

Restraining orders were created to protect against domestic violence or harassment. In a custody case, they can keep a parent away from the children. Many times, restraining orders are put into effect falsely and can drain your credibility and your expenses. Protect yourself against restraining orders by limiting contact, keeping documentation when necessary, or getting the order rescinded as soon as applicable.

If you do have a restraining order placed on you during a custody dispute, usually the children are named under the ‘victim’ assignment. This means that you will not be able to spend time with the kids because of the contact restriction, if you were able to work out a visitation agreement at all.

Advice from those who have gone through a battle like this is valuable, use it as support. When it comes to the courtroom and the many rules that build it, trust someone who knows the arsenal that is being used against you.

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