How Can My Ex Get A Restraining Order After Being Arrested For Assault?

Ask a Lawyer


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.

California divorce attorney Robert Aguilar


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.

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