| Many fathers take legal advice during a divorce case, | | | | the permanent one officially withdrawn from the the |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| to get the order rescinded as soon as possible if it's | | | | allegations thrown out of court, and get on with |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