Question:
My child’s mother got out of jail and filed a protection order against me, even though she was the one arrested for assault and battery. How is this legal?
They took my child, doubled my support and scheduled just a little bit of parenting time.
Answer:
It seems as if your case involves rather complex issues of allegations of abuse, which may in turn affect the custody of your children. In California, a person may file for a civil restraining order against another party for various reasons.
When one seeks a restraining order, a temporary order may be issued until there is a further hearing, where the matter may be set for trial.
At the hearing or at trial, you may be able to bring forward witnesses and other evidence to dispute the claims underlying the request to seek a restraining order.
I am unaware of how the restraining order process is followed in your state, but it shouldn’t be too different from what is done in California.
It is important to understand the impact a restraining order may have in a custody case. For example, in California, the courts will fashion a custody order based on the best interests of the child. If there is a finding of domestic violence, then it raises a presumption that any award of custody to the offending parent is not in the child’s best interests.
If a restraining order is granted, the court will more than likely make a finding that domestic violence has occurred. Again, this is the law in California and may very well be different where you live.
As you can see, these allegations can make a case very complex and it would be wise to have the assistance of a lawyer. Our staff of attorneys has the knowledge and experience to assist you in your case.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”
