subject: Why Bother Fighting A Restraining Order (apart From For Your Kids)? [print this page] If you've ever been served with a phony order from an ex, you'll know how hard it is to know where to begin fighting a restraining order. But there are several things I want to say to those fathers who can't see the light at the end of the tunnel.
It is a lesson often forgot, and it is: You need to be fighting a restraining order for yourself AND your kids.
You think that sounds obvious? I'm always surprised at the number of guys who think they're only dealing with a phony order for their children's sake. They forget some of the other elements that should be the driving force behind their crusade.
First of all: in most states, the order becomes part of your criminal history. When someone does a background check on you, it's flagged up as part of the results. The implications don't seem too bad, until you remember the following points.
... It Can Cost You Your Job
Basically, if you attend any interviews whilst fighting a restraining order, any background checks will reveal this black mark on your record - and they won't know the details of why it's a phony allegation. It's highly likely that employers will be put off by finding this against your name, and there is the very real possibility that you won't get offered positions you'd have otherwise been hired for.
... It Affects Future Travel
The order is also flagged as a warning to customs officials. Imagine having to explain and defend yourself yet again on a business trip. I know from personal experience that I got searched much more often at airports during the three years I was under a restraining order - I fly every couple of weeks, and when the order was removed from my record, those extra checks stopped immediately.
Think about the amount of time and frustration you may have to go through when extra baggage checks are needed, and searches of your person are conducted - all because of that phony restraining order.
... Your Second Amendment Rights Are Withdrawn
One of the restrictions of an order filing is that your firearms (and/or access to any) is withdrawn when the filing is served to you. This will therefore alert the checker whenever you get a firearms license check in future, to stop you obtaining a new weapon during the period it is effective in.
... Many Mistakes Happen
There have been many cases where an expiration date hasn't been entered into the restraining order log, or isn't removed with all agencies, and even if you win a custody battle you may still have the task of fighting a restraining order record. You need to get it rescinded as soon as possible.
Conclusions
There are more implications than you realise at first when your ex files an order against you. Just remember that you need to be fighting a restraining order not just for your kids as part of a custody battle.
by: Adam J. Jenkins
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