Can Fathers Legally Win Child Custody With A Restraining Order Against Them?
Many fathers take legal advice during a divorce case, especially during divorce cases where the other party decides to manipulate the justice system with sly legal maneuvers. A common (and often the first) question these dads ask their lawyers is: Can a father win custody of his children whilst fighting a restraining order? Well, this article has been written to give an outline of the legal process involved in fighting a restraining order, and to educate readers on fathers rights during divorce cases.
First of all, the answer to the question posed above is a massive Yes! It is entirely possible for fathers to resolve how to win custody of their children whilst fighting a restraining order. I'm one of them. And there will be fathers, somewhere in your state right now, that succeeded in that goal this very week.
The most important element is to defend yourself against the restraining order becoming permanent, or to get the order rescinded as soon as possible if it's already been granted on a permanent basis. The fact is that, whilst you have the order over your head, it means you're swimming in paperwork and liable to further phony accusations of violations (which can get you arrested), as well as potentially paying extra legal fees to fight the restraining order at the same time as the custody case. Not to mention that your ex sometimes names the kids as victims on the paperwork so that you're not allowed to be within a few hundred yards of them. This might harm the children, but it harms you too - and often, if an ex is determined to make you suffer, a little collateral emotional damage inflicted on your kids is the price they pay.
As a result, it's very important that you get the temporary restraining order dismissed from court, or the permanent one officially withdrawn from the the national law enforcement database, the National Crime Information Center registry (NCIC).
Whilst the distinction between the two situations described above may seem trivial at first thought, in legal terms they are completely different kettles of fish to deal with. If you have been served a restraining order and called to attend a hearing a few weeks later, i.e. you have a temporary restraining order filed against you, you have the chance to argue your case in a court of law where the judge will decide the merit of the phony allegations against you. These temporary restraining orders are sometimes called an "ex parte" order because of the fact that the original court hearing was an "ex parte" hearing which you didn't get a chance to attend. The second formal hearing your best (and often, the only) possible chance to get the restraining order allegations thrown out of court, and get on with concentrating on the custody case.
If, however, you've progressed to the stage beyond the second court hearing (and the temporary aka "ex parte order") has become permanent, you need to focus on gathering evidence which picks apart the original evidence with which the order was made permanent. These could be new telephone records, finally tracking down or convincing a witness to testify in your defense - you'll need a lot of patience in these cases, because judges don't like admitted they've made a mistake. Just remember that thousands of dads have been fighting a restraining order just like you, and many of them have come out the other side having won child custody at the end of it all.
by: Adam J. Jenkins