have just been served with restraining orders, arrested and/or
ordered to leave your home: You need immediate help! CONTACT ME
Have you just been
served with restraining orders prohibiting you from being within
150 yards of your wife or childs Mother?
Has your wife or
girlfriend made false accusations of domestic violence against
you which resulted in your arrest and/or temporary or permanent restraining
Have you just received a phone call advising you that you
have a hearing the next day at the courthouse?
Have you been
restrained from seeing your children?
Restraining Orders of one type or another are
quickly becoming one of the most frivolously requested and
misused court orders in the Family or Domestic law Courts.
Unfortunately, there are individuals that have physically
battered their spouses to some degree. Those individuals need
counseling and therapy so that they can learn to deal with those
inner feelings that cause them to become physically violent with
their spouse and/or child. However, in many cases it is the person making
the allegation (s) that actually initiated the physical
confrontation. Whatever the circumstances, it is never
acceptable to be physically abusive with your spouse or child.
Physical confrontations with a spouse and/or child will be dealt
with very severely by the court. But, in a significant
number cases one party will allege domestic abuse when in fact
no such abuse ever occurred. That having been said let me give
you a very general overview of our domestic violence court system
and what occurs in most cases that are brought to the
When law enforcement arrives on the scene of an
alleged domestic violence altercation they will first
talk with both parties. They will determine if one or both
of the parties has any type of bruise or injury. If so, that
person will go to jail and a temporary restraining order will be
issued. Protective orders can also be made based on "threats" of
violence. In severe cases the District Attorney can also file criminal
Following the arrest the injured party will
usually proceed to Family Court and file for protective orders.
Such orders will almost always restrain the arrested party from
being within 150 yards of the injured party, their children (if any), the childrens school or day care provider and any
other person in the care of the injured party. The arrested
person can also be restrained from certain locations the injured
party is known to frequent.
Most restraining orders are acquired on an ex-parte basis. This means that
the requesting party can simply call you on the phone and give
you notice of a hearing the following day. In some States and
Counties this notice can be given only 4 hours before the
hearing. If the accused party lives over 50 miles from the
location of the court with jurisdiction the hearing is usually
conducted the following day. Remember, the purpose of the Ex-parte hearing is only for issuance of
temporary emergency protective orders good
only until the time of the regular hearing, which is usually
scheduled about 3 weeks later.
Heres the bottom line on
It is virtually useless to respond to
allegations made in support of any restraining order for the
express purpose of opposing just the restraining orders.
Remember, a request for restraining orders does not have to
include any act of physical violence or threat. The only requirement is
that the requesting party declare " a reasonable fear"
of the person to be restrained. It is the opinion of most judges
that if any person claims to fear another and has taken the
trouble to come to court, the Judge will usually grant some form
of protective orders. However, Restraining orders can also
include orders prohibiting contact with your children. Therefore,
if child custody and visitation are affected by the restraining
orders, YOU MUST RESPOND IMMEDIATELY! If you do not the court
will make broad-based restraining orders that are difficult to
modify later on. Furthermore, restraining orders are often sought
by women who are either contemplating a divorce or child custody
battle or have already filed for divorce and want an advantage in
court when it comes to determining issues of child custody and
If you have been recently served with temporary
restraining orders or a notice of hearing requesting such orders,
stay away from the requesting party until you go to court, no
matter how ridiculous the allegations. Get a friend, family
member or attorney to handle all correspondence regarding all
issues until the time of the hearing.
are two ways to get the answers and help you need:
have written a book called the Fathers Rights Survival Guide. This
simple, easy to understand guide contains a section on Restraining
Orders and Domestic Violence issues. This section will
answer all of the questions you may have about how to respond to false
allegations and other steps you can take to help your case. Therefore,
before you spend a dime on an attorney or other legal services learn how
the system works. Learn how the domestic violence system works. You
can be sure your Ex has! The information is good in all 50 States.
To learn more about the
Fathers Rights Survival
Guide and how you can obtain a copy now click
I am very excited about a new way to help my clients. It's called The
This plan is a "one on one" relationship
with me. I become your personal advocate. When you get court papers, a letter
from the ex's attorney, have questions and/or concerns I will be there to
provide answers and tell you exactly what must be done. Whatever the issue you
will always have someone to contact for specific answers and
guidance. This plan includes the Fathers Rights Survival Guide. This is
the best Fathers Rights legal help any man can get!