Restraining order advice

WartimeDad · 2024-03-24T01:08:21+00:00

Well it sounds like the subtext is that he flew down to Florida to see the kids and then was served there in Florida? If that’s the case, this is hard and complicated and he most definitely needs an attorney asap. End the end, an unsubstantiated and frivolous restraining order will get thrown out, but if she has any evidence then that will do much damage in seeing the kids with regularity. If she can make the case he scared her.

So basically the RO in these unsubstantiated out of the blue cases are used to get control of the forthcoming custody battle. She has definitely gotten that control at this point. What isn’t clear is if he left without giving notice or something. What the parenting plan was, did he stick to it during the divorce, did he leave to NY, all that kind of stuff.

Repulsive-Gene-9089 · 2024-03-19T23:30:27+00:00

I got a restraining order on my ex wife and she constantly violated divorce terms and restraining order. They do nothing because they are a civil issue

SkeptiCynical · 2024-03-19T17:02:45+00:00

This is very typical after contested divorce, custody or child support hearings. It's just legalized harassment.

A restraining order may be in effect as soon as it's ordered, whether or not he was properly served, so consider it effective immediately.

Your brother has a few options. But first, he absolutely must follow that order to the letter. If he slips and calls her, emails her or otherwise violates the order, he can be arrested. Better to be safe and spend 2 weeks incommunicado than spend the night in jail.

Your brother should absolutely contest the order. Just show up on the hearing date specified on the order and ask for summary dismissal as the order doesn't contain any factual accusations or anything that "rises to a family offense". His ex won't have a leg to stand on in court. She'll have to find a lawyer to take it to trial if she tries to push the issue, and the judge will laugh in her face.

Depending on his tolerance for conflict, your brother can also file a competing restraining order. It keeps the ex at bay and shows her that two can play that game. If he has the free time and doesn't mind spending afternoons at family court, it may be a smart move.

Title	Restraining order advice
Author	Hersheylotus81
Upvotes	2
Comments	5
Date	March 19, 2024 4:30 PM UTC (2 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/1biohvj/restraining_order_advice/
Archive Link	https://theredarchive.com/r/Divorce_Men/restraining-order-advice.1428511 https://theredarchive.com/post/1428511

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