Restraining Orders - Modern Day Divorce Planning at Its Worst

Roughly half of all marriages in the USA end insuch as:
divorce. An increasing number of those marriage- Your ex will generally employ a lawyer to file the
separations involve a restraining order being filed atorder for her (thus costing money and requiring that
the same time as the petition for divorce.she finds one sooner rather than later);
Unfortunately, if you're the one fighting a restraining- She has to attend an "ex parte" court session
order, it is viewed as a standard tactical maneuverwhere the initial (temporary) order is granted outside
by lawyers eager to gain the initial advantage forof your presence. An interesting summary of the
their client.type of abuse which leads to innocent fathers dealing
To understand why your ex-partner would considerwith the repercussions of a restraining order, and
filing an order, and then try to convince a judge ofhaving to win a custody battle, was published in 2008
its merit, let's look at the benefits involved:by the American agency 'Respecting Accuracy in
- Your ex gets instant custody of the children;Domestic Abuse Reporting' (aka RADAR). Its report
- Alimony and maintenance payments increase;was titled 'Without Restraint: The Use and Abuse of
- The burden of proof is on YOU, not your ex. InDomestic Restraining Orders', and here was one of
many divorces, there is also an element ofits citations: "A 1995 study conducted by the
manipulation and/or control which motivates your exMassachusetts Trial Court... found that less than half
to file a complaint which results in a restriction againstof the orders involved even an allegation of violence."
you. You're basically at risk of being arrested even ifThe same study goes on to quote a New Jersey
you pass by your ex in a shop at random, or call onattorney regarding the more specific motives behind
the phone, or even send a box of roses through thephony orders - specifically, that 40%-50% of all
mail. There's nothing you can do about this situationrestraining orders are requested purely as a legal
until you can prove to a judge that the claim ismaneuver.
baseless. It's all part of the divorce game. But, mostHundreds of thousands of people have a restraining
divorces aren't amicable, and this is just anotherorder filed against them during the modern day
method to cause suffering to fathers when all formsAmerican divorce. That's a lot of pain, and a lot of
of contact are taken away with their kids.phony restraining orders stopping fathers from seeing
Unfortunately, this harms the kids as much as thetheir children. But with so much to gain, it's no
father. Regardless of this factor, when we considerwonder more divorces involve the father handling an
the disadvantages of filing an order against their oldorder alongside the other stuff too.
partner, the list comes up with rather trivial matters,