subject: 3 Tips To Fighting A Restraining Order [print this page] Here are 3 top tips for the fathers out there who are fighting a restraining order that's been made against them, causing a separation between them and their children. Phony restraining orders are not the end of the world, as long as you make the right moves.
1. Get informed about being served.
It's helpful to know what to expect when the order is being served. There are guides which reveal the normal procedure - read them, know the process, and you'll have no surprises to deal with. That's one half of this battle won.
2. Comply with the rules. At all times!
When you're fighting a restraining order, all it takes is 1 mistake to make a massive blow to your case. Fathers win custody, but they can't do it effectively from a jail cell. Orders are a civil action, but enforcing their terms (and any violations of them) is a criminal one. Don't give the police an excuse to arrest you.
3. Get good help to win the custody battle.
Don't waste thousands of dollars in court fees trying to win a custody battle when you're fighting an order with a lousy lawyer. Get recommendations from people you know, and don't be afraid to ask what the success rates of your lawyer is for cases just like yours. Do you have to remind him of your children's ages every time you meet, as one of my colleagues experienced? If the answer is yes, fire him now.
You need someone that's pro-active and always on the ball. Be sure to get actively involved in the case, and get things moving towards a favorable resolution. You don't even need a lawyer to win a custody battle, although it helps - but a bad one will just divert your attention and drag the case down.
