| During a divorce custody case, you may end up | | | | orders), defending this practice through "erring on the |
| fighting a restraining order. Whilst not strictly ethical, | | | | side of caution". |
| it's the norm for divorce lawyers to suggest the | | | | That's why you'll occasionally hear crazy stories about |
| strategic filing of an abuse allegation which grants an | | | | celebrities being stamped with an order to protect |
| order on the thinnest of grounds. This has the effect | | | | some crazy fan five states away, despite the fact |
| of granting your ex immediate custody of the kids, | | | | that the two have never met - even though the |
| and makes it much harder to focus on the wider | | | | judge knows the case is completely phony, these |
| custody battle. Basically, whilst you're swamped with | | | | orders are still granted if the paperwork is submitted |
| paperwork, trying to figure out how to fight a | | | | correctly. The talk show host David Letterman is one |
| restraining order, the custody arrangements battle is | | | | famous example of where this happened (a woman |
| taking place - and, often, these decisions will | | | | got an order granted against him to stop harassment |
| determine the custody situation for many years | | | | through "coded messages on the talk show, along |
| ahead. | | | | with eye signals"... simply put, there is just no proof |
| As a result, many fathers find themselves wondering | | | | required at the first stage. Some states even permit |
| how a temporary restraining order ends up becoming | | | | plaintiffs to telephone in a complaint, without even |
| a permanent one. They fail to realise that two | | | | having to lodge the traditional paperwork! |
| significant factors lead them into this phase of their | | | | Judges only pay attention to the merits of the case |
| situation: | | | | weeks later when a second hearing takes place, at |
| - the incredibly low threshold for proof involved in | | | | which you (the defendant) will have their first and |
| these cases, and | | | | final chance to argue against allegations made by a |
| - their failure to get the restraining order rescinded | | | | sly ex-partner. More worryingly, if a father fails to |
| quickly. | | | | figure out how to defend himself against a restraining |
| To deal with the first issue - basically, most people | | | | order at this court hearing, or hires an inexperienced |
| assume that proof in custody cases where a father | | | | lawyer to do it on his behalf, the restraining order |
| is fighting a restraining order involves "beyond a | | | | simply becomes permanent! |
| reasonable doubt". That's the situation for criminal | | | | Too many fathers are being caught out by these |
| cases, and popular TV shows often lead people to | | | | two factors when it comes to obtaining custody of |
| think it's the bar by which all cases in a court are | | | | their kids. They don't even get a chance to fight "his |
| judged by. However, this couldn't be further from the | | | | word against hers" until the second court hearing, |
| truth. Judges grant order filings as a routine (this is | | | | because the first court hearing grants the temporary |
| during an "ex parte hearing, which is why temporary | | | | order on his name without a single shred of defense, |
| restraining orders are sometimes called "ex parte" | | | | never mind evidence. |