Dealing with restraining orders in a child custody or child visitation situation
Some parents out there find themselves in a situation in which their ex takes out a restraining order on them or finds out that they are in the process of being served with papers that would restrict their rights they have to their children. If you find yourself in a situation like this, there are ways to go around it so you can see your children. It could be that you are facing false allegations of physical or mental abuse, a vindictive ex wife or husband or someone along those lines. In some cases there is a kernel of truth in these allegations but if you feel that the other parent is lying to the court, you need to do everything you can to prove that these accusations are not true or get a court order that supersedes restraining orders.
Getting a restraining order lifted can be a difficult task. Granted restraining orders are hard to get in the first place, due to the complexity such cases and the number of domestic family cases the courts see on a weekly basis. One way to get out from under a restraining order is to obtain an order for custody or visitation. If you get a court order that says you have visitation or custody rights to your kids, that will essentially cancel out any restraining order in place in the process of being drawn up. This is a great way to avoid going back to court more than you have to and allows you to establish your rights to be with your children.
So what do you have to do to make this happen? First thing you might want to do is prove to the judge that you’re not an abusive parent and that you’re involved in your child’s life. They want to see that you know who their friends are, who their teachers are, what subjects in school they need extra help on etc. The best thing you can do in a situation like this is to educate yourself. Find out how you need to behave in the court room, what to expect and what to say (or what not to say). If your ex is making claims that you verbally abuse them and the child in your home, and you know that’s not the case, proving this could be more difficult than you’d think because at this point it’s a he said she said situation. This is an area where paying attention to details will help you such as having times and places recorded to back up your own arguments. It’s also hard for someone to prove that they’ve been verbally or physically abused without any substantial evidence. So if they’re lying, it should be easy enough to avoid any messy court entanglements. Be sure to review some of our other posts on court room preparation, we provide some specific, helpful details you should find useful when going to court.