subject: Fighting A Restraining Order - Stop Your Tro Becoming A Pro [print this page] 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 reliability
These 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 courtroom.
You need to present yourself in a neat and tidy fashion when fighting a restraining order. No matter how difficult things are for you, the outward appearance must be that of a strong parent, ready to regain control of his life and custody of his kids. Just remember - your partner is making a case against you, and appearing as anything other than a model citizen will not help you at all.
Be reliable, appear at the hearing ahead of time, and never make anyone wait for you. Always ensure you know beforehand where you are going. You should have all the evidence you've gathered well organised, so that you can find paperwork easily in the courtroom - the last thing you want to appear is flustered or unable to produce evidence during the hearing when you're fighting a restraining order! After the hearing in which my order was officially canceled by the court, I overheard my ex-wife discussing how calm I'd been - she was upset that my handling of the case completely ruined the image of me she'd tried to portray to the judge.
All of this, along with the steps I'd taken to produce evidence in the best way possible to the court, meant that I ended up receiving 100% custody of my two sons. There are thousands of fathers fighting a restraining order every day - and many of them are winning. I'm here to let you know that it IS possible, and is easier than most people (including highly paid lawyers) would have you think.
