I'm writing this article to help the thousands of American fathers out there who are fighting a restraining order so that they can win a custody battle during their separation or divorce proceedings.First of all, I'm here to give you a clear warning about the biggest problem you'll be facing. It's that if your ex has decided to fight dirty by filing a temporary restraining order against you, or made phony abuse allegations in court, it's just the...more
What fathers are fighting a restraining order during a custody case, the renewal of the order's date is important to remember. It might sound obvious, but in this article I'm going to explain why YOU need to take the greatest of care not to let this date pass you by, or underestimate its importance.When you're fighting a restraining order, it's incredibly easy to let the court hearing slip by, un-noticed, or fail to prepare some simple, crucial...more
When fighting a restraining order during a custody battle, one of the most important points of the case will be the court hearing which will decide whether or not your temporary restraining order (TRO) becomes permanent (known as a PRO). Besides any preparation or legal advice that you might choose to take for your defense, I'm going to share a tip that far too many fathers forget: how your conduct can help decide the outcome of the case. I'm talking about: * Your composure * Your appearance * Your reliabilityThese points might sound obvious, but when we break them down they do affect a judge's opinion of you, and no matter how sound your legal argument is when you're fighting a restraining order, you still need to pay attention to the basics of how you come across. Your kids are relying on you to make the right moves when you're fighting a restraining order - you only get to see them grow up once.Basically, how you present and conduct yourself in court influences the case. You should stay calm at all times throughout the proceedings - fighting a restraining order due to phony abuse allegations are difficult times, but you can't afford to let your emotions show in that...more
I've met many fathers who want to know how to win a custody battle whilst fighting a restraining order, and some of them expect a miracle solution to their problems which can fix everything with the wave of a magic wand. Unfortunately, there's no such thing. The good news, though, is that there are tried and tested methods to help you win a custody...more
If you're fighting a restraining order during a custody case against your ex, I'm going to share a critical yet practical tip that should serve you well. Basically it's to start saving all the paperwork that relates to your custody case, no matter how trivial you think it is.The kind of paperwork that I'm talking about includes the following items:...more
During a divorce custody case, you may end up fighting a restraining order. Whilst not strictly ethical, it's the norm for divorce lawyers to suggest the strategic filing of an abuse allegation which grants an order on the thinnest of grounds. This has the effect of granting your ex immediate custody of the kids, and makes it much harder to focus on the wider custody battle. Basically, whilst you're swamped with paperwork, trying to figure out how to fight a restraining order, the custody arrangements battle is taking place - and, often, these decisions will determine the custody situation for many years ahead.As a result, many fathers find themselves wondering how a temporary restraining order ends up becoming a permanent one. They fail to realise that two significant factors lead them into this phase of their situation: * the incredibly low threshold for proof involved in these cases, and * their failure to get the restraining order rescinded quickly.To deal with the first issue - basically, most people assume that proof in custody cases where a father is fighting a restraining order involves "beyond a reasonable doubt". That's the situation for criminal cases, and popular...more
When a father is trying to figure out how to fight a restraining order as part of the divorce process, he often receives advice from the people around him. His parents, friends, colleagues - plus his lawyer if he's chosen to hire one to represent him...more
When any parent is going through a divorce, it's always an incredibly difficult time for the family involved. It's made much harder for everyone, however, when an ex-wife makes a father the target of a phony abuse allegation during that process. And...more
For fathers fighting a restraining order as part of a custody battle, the fact that they are fighting a restraining order often comes as a complete surprise - the first idea they have of what's happened is when paperwork is served to them, when...more
This advice article aims to explain the reality behind fighting a restraining order during a confrontational divorce battle - more specifically, the practical implications as well as the legal process which will be involved. When I set out to write...more
This topic is one of the things which worries fathers who are fighting a restraining order during a divorce - and quite rightly too. Unfortunately during some custody battles, your ex's lawyer will advise her to file a bogus allegation of abuse to...more
If you're a father who is fighting a restraining order during a divorce case, practically the worst thing that can happen next is to be accused of a violation of that order. To sum it up bluntly, if you're accused of violating the terms and...more