• Have you just been served with restraining orders prohibiting you from being within 150 yards of your wife or child’s 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 orders?
• 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 court’s attention.
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 charges.
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 children’s 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.
Here’s the bottom line on restraining orders:
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 visitation.
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.
There are two ways to get the answers and help you need:
First, I 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 simply click here.
Second, I am very excited about a new way to help my clients. It's called The Advocate Plan. 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!
To learn more about The Advocate Plans just click here!