| Fathers who are forced into fighting a restraining | | | | higher maintenance payments. The order will also be |
| order after their ex decides to file phony abuse | | | | filed on your criminal record, and will be accessible for |
| allegations, in order to win a custody battle, often | | | | viewing during background checks (e.g. when you |
| have an uphill struggle to defend themselves. This | | | | attend your next job interview!). It also withdraws |
| article is meant to advise you on what steps you | | | | your Second Amendment right to owning or using a |
| need to take in the short term, as well as offering | | | | firearm, which may affect your current employment. |
| long term strategies that you can use to win the | | | | You NEED to get a good lawyer, and/or start |
| custody battle yourself. | | | | educating yourself on how to defend your rights! |
| First of all, if you're fighting a restraining order, you | | | | As well as fighting the restraining order, you also |
| will have been informed of an initial temporary one | | | | have the option to file a visitation petition to the |
| being granted against you by an authorised person. | | | | court. If the restraining order hasn't named your |
| This person, often a police officer or a county | | | | children as victims of the alleged violence or |
| sheriff, will have provided paperwork which provides | | | | harassment, despite not being allowed to contact |
| further details for you - it should explain the basic | | | | your ex, you are still entitled to see your children. |
| restrictions involved. This temporary restraining order | | | | This is a very important aspect to winning the |
| is often called an "ex parte" order because it has | | | | custody battle, because you can emphasise to the |
| been granted in your absence, with only your ex in | | | | court that your ex is withholding your right to see |
| court. It is highly unlikely that the initial request will be | | | | the kids despite only her being named as a victim of |
| denied, because judges prefer to offer more | | | | abuse. |
| protection than is needed than make the mistake of | | | | When you file the visitation petition for regular |
| not offering enough. This works well in genuine abuse | | | | access to your children, ensure that you focus on |
| or domestic violence cases, but causes a lot of | | | | two very important areas for discussion: |
| heartache during phony filings or when a restraining | | | | 1. the benefits that your kids gain from seeing you |
| order is used as a divorce maneuver without any | | | | (emotional stability, love and affection, practical help |
| basis in truth. | | | | with homework, a male guardian's influence) |
| This "ex parte" temporary order is valid until the | | | | 2. the negative impact of your children being denied |
| second court hearing is held, which will be the first | | | | access to you (emotional stress, and so on) |
| and only time you get a chance to argue your own | | | | Whether you decide to file for visitation rights is up |
| point of view. This second hearing is attended by | | | | to you - but one thing is for sure - you need to be |
| both parties, and it's a hugely important step towards | | | | fighting the restraining order against you with |
| winning a custody battle - because if you fail to | | | | everything you've got, because it will affect your life |
| convince the judge that the order has been | | | | (and the lives of your children) for many years to |
| requested on false grounds, you're looking at almost | | | | come. |
| immediate custody in your ex's favour, as well as | | | | |