| When discussing divorce rights for fathers, advice on | | | | not have to prove any of the allegations involved. |
| fighting a restraining order usually rears its ugly, | | | | The order is active from the day of the hearing |
| expensive head. That's because, unfortunately in | | | | unless a special exception is made. |
| today's society, in most divorce cases where a | | | | The judge will, however, set a "Order to Show |
| father is trying to win a custody battle, a common | | | | Cause" date for within the next month after the initial |
| legal tactic is to file a restraining order against the | | | | order was made. This is the event when she has to |
| dad involved. | | | | prove that the order should become a permanent |
| However, the problems involved are immediately | | | | one. That is your first chance to fight a restraining |
| apparent to the victim of phony allegations, including | | | | order by arguing that it has no merit. You will need to |
| that: | | | | show plenty of evidence of this - witnesses, receipts |
| - your ex will have immediate control of child custody | | | | in shops at the times you supposedly threatened her, |
| - there is then a potential to increase maintenance | | | | printouts of emails which prove their content, and so |
| payments | | | | on. Remember: fighting an order mainly rests upon |
| - it causes extra pain, hassle and embarrassment to | | | | that judgment. |
| her ex-partner | | | | If the judge rules that the order is valid on a |
| It sometimes feels like you're being tied up and | | | | permanent basis, it deals a significant blow to winning |
| manipulated by your ex. Knowing what will happen in | | | | a custody battle and there is the risk that your ex |
| the weeks immediately following as you are fighting | | | | wins full custody of your children. It may also impact |
| the case is of the ultimate importance. It can make | | | | your job, future career prospects, gun ownership, |
| the difference between winning a custody battle, and | | | | and travel arrangements, to name just a few |
| losing the right to see your kids entirely. | | | | elements of your life which could be negatively |
| First of all, you should learn the difference between a | | | | affected apart from access to your kids. |
| judge granting a temporary restraining order vs. a | | | | Note that the permanent order expiry date can be |
| permanent one. Temporary restraining orders are | | | | extended at future court hearings, so in theory you |
| granted after an "ex parte appearance" in court by | | | | could be facing up to having this marker against your |
| one party. For this reason, temporary restraining | | | | name for the rest of your life. |
| orders are sometimes called "ex parte orders" and | | | | It's not something that makes those of us aiming to |
| are seen as a plague upon divorce rights for fathers. | | | | raise the consciousness regarding divorce rights for |
| You don't have to be present in court, or even | | | | fathers sleep happily at night. And it causes untold |
| informed of the restraining order proceedings against | | | | heartache to thousands of American fathers (and |
| you at this stage. | | | | their kids) each year. |
| Normally, the ex parte order is granted. Your ex does | | | | |