Divorce

Divorce

Saturday, September 17, 2016

Custody and TRO Temporary Restraining Orders


Domestic violence related Restraining Orders are a huge problem, and if you either need to fight one,
or obtain one, be forewarned-- it's very easy to GET a TRO, and defending against them is best
reserved for defense attorneys or at least attorneys who know litigation and not just "settlement."

Very few TRO claims are readily settled--clients are either too upset, too physically harmed, or they
made up facts in order to get back at a spouse. Attorney has seen plenty of vindictive TROs over
the years. Often Judges just rubberstamp them, and issue them for 3 years.

Beware if you need to defend against a DV TRO, because a vindictive spouse is the most
difficult to work with. Knowing that, you will need a lot of help to prevail.
Make sure your attorney can properly defend and fight for you.  If not, you stand to lose quite
a bit, both financially, and emotionally.

If the DV TRO is issued against a party, that party cannot presumptively be the custodial parent.
This means that automatically, unless proven otherwise, you are out of the picture as
custodial parent, even if you already were the custodial parent. This would likely require
 a trial to change that.

The best defense in such a case is to be prepared ahead of time, not after the fact.
Make sure your attorney is not simply focused on settling everything while you lose
out. Much of divorce these days requires the ability to litigate for the client.
Settling does not always work.