It is very common for men in the middle of divorce proceedings to have their first encounter with the criminal court system. At least this is what my ex-wife, a defense
and family law attorney, taught me while we were still married. After I filed for divorce I learned about it first hand when she filed a restraining order against me. In my case the restraining order was vacated after a hearing in front of the judge, after 10 days of being separated from my kids. My attorney wife then filed an appeal to that decision, which eventually, after many months of worry and attorney fees, was found to be frivolous by the Appeals court. My ex had used the restraining order process as a strategy in the divorce process. She used it as a way to get concessions within the divorce.
My ex’s actions are not uncommon, and there is no way to absolutely prevent having a restraining order filed against you. As my ex taught me, people can start a court case against you on pretty much anything. It doesn’t mean they will win, but sometimes the filing by itself can get them what they want. Despite this, there are ways to protect yourself from having a restraining order filed against you, and at the very least have a good chance to have it vacated if one is filed.
1. Don’t be violent. Continue reading “5 Tips for Avoiding Restraining Orders During Divorce”