Restraining orders are unfortunately used improperly in child custody cases as a way for one parent to gain advantage over another. If the non-custodial parent does not act promptly, the restraining order can interfere with visitation rights and can also damage the efforts of the non-custodial parent to gain custody.
How the Restraining Order Works
When there is an altercation between two individuals and one individual has a bruise or some other injury, the other individual will often spend the night in jail. Also, a temporary restraining order will be issued. The restraining order requires that the arrested individual must stay 150 yards away from the injured party. This will also prevent the arrested party from seeing his or her children.
In another circumstance, the parent with custody may express a reasonable fear of physical violence. Judges tend to assume that the individual requesting the restraining order is reasonably afraid for his or her life and will usually grant the restraining order. However, there are usually additional elements granted through the order of protection, such as an order for the non-custodial parent to not contact his or her children.
To avoid this, the non-custodial parent will want to avoid contacting the spouse and immediately respond to the courts to avoid a restraining order that will be difficult to modify afterward. The longer that the non-custodial parent is prevented from seeing his or her children, the more damage that this might do to the parent-child relationship.
Why You Need a Family Attorney
Fortunately, there are family law attorneys who have experience with cases like this and will be able to assist you when provided with the essential information. You must obtain a copy of the restraining order. Also, if there is a police report that is associated with the restraining order, you will need to obtain a copy of this as well. If a 911 call was made, obtain a copy of this as well. Your lawyer may be able to use these documents to demonstrate that the order of protection was abused.
Also, if the custodial parent has a history of making false claims, the likelihood of the restraining order being dropped will be much greater. Sometimes, the accuser will try to meet with the accused, which will indicate that the accuser does not fear for his or her life. If it is demonstrated that one parent has frequently abused the restraining order, this may lead to a change in the child custody arrangement.
To learn more, contact a law firm like Waters & Associates, Attorneys At Law.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.