Limited by a Restraining Order During Divorce? Fight It!
Two serious points of contention in most any divorce are child custody and possession of the familial home. In order to gain an upper hand and increase their chances of winning rights to both primary custody and being allowed to stay in the house, it is known that some dishonest women will claim they have been abused by domestic violence and file for a restraining order. Once a judge sees that a man has been accused of family violence, before any sort of official conviction comes, they start to strip away that father’s rights in family court.
Prepare for the Legal Fight of Your Life
Are you being limited by a domestic violence accusation and a restraining order placed against you? While you might know that the claims are based only on exaggerations, misunderstandings, or lies, the court does not. You need to get ready to make a case that protects your reputation and clearly shows that you have not done wrong and deserve to see your children and keep your home.
With a lawyer’s help, you can bolster your case through various means, such as:
- Criminal History: If your criminal record does not include any violent crimes, you can use it to show that you do not have a proclivity for aggression.
- Testimonials: Talk to trusted friends, family members, and neighbors and ask them to provide written testimonies to use in your case. They should be able to clearly state that they have known you for years, knew of the health of your marriage, and did not witness anything that would indicate that you are a violent man that would hurt his family.
- Occupation: Sometimes the clearest evidence that a father cares for his family is how much time he spends at work to bring home adequate paychecks. If you were the primary breadwinner for your family, use evidence pertaining to your career to show that you were dedicated to your family’s wellbeing. Why would you want to harm someone you struggled to protect for many years? You wouldn’t.
- Wife’s Motives: Can you find any evidence of your wife’s motive for wanting child custody and the home? A great place to start looking is social media. Has she posted on Facebook that she needs child support? Are there “private” messages that outline her desire to falsify claims to create a restraining order? With an attorney’s legal guidance, you may be able to get your hands on evidence to use that you may have thought was out of bounds.
Tampa Family Law Attorney Catherine Real of Catherine W. Real, P.A. can assist you if you need to protect your name from hurtful domestic violence accusations or restraining orders. The law firm focuses on complex family law issues that spring up during divorce and understands what it takes to have restraining orders dismissed in family court so you can have a fair chance at earning child custody or the right to live in your own home after your divorce ends. Keep in mind that you may also need to prepare for a criminal defense case, depending on the charges your ex-spouse has filed against you.
Contact the firm online today to get more information about what to do next.