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 this is an increasingly-common divorce scenario.
There are many reasons why a mother might decide to punish the father of her kids in this way, but the main one is that: whilst a father is trying to figure out how to fight a restraining order, he’ll likely make a mistake in the general custody court case. Or run out of funds trying to defend himself on two fronts. Or simply cave from the pressure of it all.
This article has been written to explain to you one important fact, and it’s one that you should be clear on:
Tens of thousands of American fathers are fighting a restraining order every year. And every year, tens of thousands of them win custody of their children.
I’m going to give you some practical tips that helped me win custody of my son when I was fighting a restraining order so that you can learn from my experience during your legal struggle.
Tip 1: An expensive lawyer isn’t always a good enough defense.
When I started out fighting a restraining order during my divorce, I was in the lucky position that I just went with the first available family lawyer I could find without having to worry too much about the …
There was a time when getting a ‘lemon’ or a car that is repeatedly sent to the repair shops for repairs and tune-ups was a total punishment with no hope. But not this time; thanks to the presence of lemon laws aimed at protecting the consumers against these duds. These laws are in place to ensure that the consumers get their due if the purchased car is repeatedly sent to the repair shop on almost the same issues and troubles. The law calls for two things that can be gained by the consumer. One, the consumer can get a replacement for the underperforming vehicle. And two, the consumer can count on the refund that can be offered by the manufacturer.
In the context of ‘lemon law’, the refund of an owned vehicle incorporates several costs:
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Divorce can be a tricky issue to deal with when it involves assets, and child custody. In the times of emotional turmoil, you don’t want to make mistakes that can be costly to you afterwards. So, instead of taking the lawsuit into your hand, it will be wise to hire a family lawyer to tackle it. You will be glad to learn of the advantages you can enjoy when you hire a family law attorney.
The Lawyer Will Let You Know What You Are Entitled
You can be at a disadvantage when you attempt to file the divorce case yourself. This is because you may not be well versed with the laws and you don’t know what you are entitled in your rights as well as the family lawyer does. The opponent party can easily cheat you especially when you discuss your plans with them. On the other hand, if you have a lawyer, you can discuss your plan with him first and he can tell you what is right or wrong with the plan. With an attorney by your side, you will know what to expect with the case.
The Lawyer Can Be Your Mediator
The lawyer can act as your advocate and intercede on your behalf to solve the conflict between you and your spouse. It can keep you calm and know that everything will be taken care of. It works for you if you constantly hear threats and deal with verbal abuse so that you and your …
For fathers fighting a restraining order as a part of a custody battle, the fact that they’re fighting a restraining order normally comes as a comprehensive surprise – the first thought they’ve of what is happened is when paperwork is served to them, when they are warned to not go within a certain distance of their angry ex and/or their little ones.
The reason these dads are not conscious of what’s occurred until that point is that a restraining order may be issued “ex parte”, which means that the plaintiff (your ex) feels at danger of harm and may request the order without the need of you possessing to be in court. These orders are frequently referred to as “ex parte” orders mainly because of this. It is only afterwards that you are officially notified, and once the court has received confirmation that you have been served, it’ll confirm that the second hearing will take spot – that’s the single where it is possible to defend yourself and stop it becoming a permanent order.
There is certainly an important element to all of this, on the other hand – and that’s: you can not violate a restraining order’s terms should you haven’t however been served. In case you haven’t been served an order, it cannot become permanent at any later court date.
The paperwork must be delivered to you in an individual, and it can contain several elements:
The date and time on the second hearing (that will be your …
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