| If there's one message I was hoping to get across | | | | entry against your name often causes massive |
| by creating this article, it's that fathers + rights + | | | | problems at customs. It will also show up on any |
| divorce does NOT equal a dead end! But that's | | | | potential employer's criminal record background check |
| exactly what one colleague tried to tell me last week. | | | | - it's pretty normal to get job interview offers |
| The topic of conversation we were discussing over | | | | declined because the restraining order marker against |
| lunch was "when not to fight a restraining order" in | | | | your name has been flagged up. |
| the middle of a divorce, and his argument was that | | | | You only get to see your kids grow up once, so it's |
| "any ex-wife sly enough to file false abuse allegations | | | | understandable that you focus on them as a priority, |
| against the parent of her kids is bound to win a | | | | but you need to get the restraining order rescinded |
| custody case anyway". | | | | for your own sake too. |
| So fathers should just hire a lawyer to defend them | | | | Fact #2 - The burden of proof is against you in |
| on a minimal basis, and get the ordeal over and done | | | | court. When your ex files a phony restraining order, |
| with as quickly as possible, right..? | | | | she relies on you failing to gather evidence or argue |
| Where my colleague went wrong, though, is that his | | | | your case - if you don't fight back using phone |
| opinion is all based in theory. I've been there for real, | | | | records, diaries, witnesses, store receipts, email |
| and I know that my experience of fighting a | | | | records... whatever it takes... you let her win by |
| restraining order during a divorce case in order to win | | | | default. And since judges operate on a "err on the |
| a custody battle should not be written off. | | | | side of caution" basis, if he or she doesn't hear your |
| It's tough work; if you choose to employ a lawyer, | | | | side of the story there is zero chance they're going |
| you'll need both the finance and the know-how to | | | | to dismiss the case. |
| employ a good one. It took me three years, and two | | | | Basically, the burden of proof in restraining order |
| lawyers, and several thousand in court fees. But the | | | | cases is so low as to be non-existent, and you won't |
| honest answer to the question of "when not to fight | | | | find any of the "beyond reasonable doubt" stuff |
| a restraining order" is - absolutely never. You should | | | | required by criminal courts. |
| always put up a fight. | | | | Fact #3 - But you can win! Literally thousands of |
| Just remember these three important facts about | | | | American dads are winning their custody cases every |
| the situation and you're already onto a winning case, | | | | week, with any phony abuse allegations thrown out |
| because knowledge is power: | | | | of court - you can be one of them, and you don't |
| Fact #1 - You need to do it for yourself, too. You're | | | | need a law degree or a lawyer being paid hundreds |
| not just fighting a restraining order for your kids - | | | | of thousands of dollars to do it. |
| the National Crime Information Center registry (NCIC) | | | | |