How to Beat a False Restraining OrderAuthor: Drew P. Spaeth
In today's political climate, divorce has become a cottage industry & one result has been a huge increase in the filing of false restraining orders in divorce cases. Most often, this affects the man in the divorce. If you are in this situation, you must learn how to beat a restraining order if you are to have any future contact with your children & save your reputation. This article will get you pointed in the right direction. Do not make the mistake of being unprepared. The road to defending yourself is full of pitfalls, any one of which could land you in jail!
One single false accusation from your spouse can have you hit with a false restraining order & subject to criminal prosecution. What is worse, the burden of proof is on YOU! That is right, she has no burden of proof, but you do.
Some unscrupulous lawyers will advise women to file a restraining order because:
1. It is a way to get quick custody of the children WITHOUT a hearing (yes, this CAN happen!)
2. It is a way to maximize alimony & child support payments.
There are two key concepts you need to master in order to learn how to beat a restraining order:
1. You need to become an expert on the restraining order process.
2. You need to take an active role in your case.
As stated in the intro, divorce has become an industry. No one knows the details of your situation better than you do, & no one will look after your best interests better than you. That is why hiring a lawyer to take care of things for you may be the worst thing you can do. You need to be knowledgeable on restraining orders & active in your defense to be successful.
One thing you should NEVER do after a restraining order has been filed is to attempt reconciliation with your wife. Even something as simple as an I'm sorry note or flower delivery violates the order & will land you in JAIL. That is why it is so important for you to become informed. There are too many mistakes like this waiting to happen.
You now have a basic outline on how to beat a restraining order. It is now up to you to become an expert. Your reputation & your children depend on it