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What would it be called when an ex keeps me from seeing my 16 yr old son we have 50 50 custody but he has a restraining order against me to keep me away which is causing mental issues for my son?
If the ex-boyfriend/girlfriend or ex-husband/wife has a custody order that you have agreed on legally, but has a restraining order against YOU, that does NOT apply to the child, and you have rights that are being trampled on. Assuming you have a lawyer, then a mediator should be used, perhaps a neutral relative, to meet you so you don't violate the restraining order. This issue of the custody should have been addressed when the restraining order was issued! Call the lawyer and ask advice on what to do, or call the court directly and inquire . If the restraining order INCLUDES your 16 year old child, then you must fight the restraining order, which IS your right to do. There should be a date when the restraining order will expire and therefore, a court date to extend it if the person who got it wants to extend it. That is your chance to show up and give cause as to why it SHOULD NOT be extended and also bring up the issue of shared custody.
What happens in California if the plaintiff violates a restraining order?
If the plaintiff (meaning the one who asked for the restraining order) violates the very order they requested, and seeks out the other party then they could be subject to the same penalty as the person against whom the order was sought. The options which the judge may exercise are broad. It can become very complicated depending upon the restrictions the judge set in place. Since it was a TEMPORARY order - the judge COULD just vacate the order and dissolve it.
Can you refuse to get a restraining order against your husband?
Yes you can refuse. I don't know who is trying to force you to get a restraining order against your husband, but restraining orders are for the benefit of the people who obtain them, so if you don't think you need one, then no one has the right to force you to get one. Of course, if your husband is actually a violent person who is dangerous to you, then it would be in your interests to get a restraining order. But that is for you to decide.
Can someone that put a restraining order be in your home?
There are different types of restraining orders. Some have certain clauses in them that stipulate IF and WHEN a person is allowed to come to your home.. For example, in custody cases where there are children involved, the recipient of the restraining order may be allowed to come to the address on specific dates or times to pick up the child. IF the restraining order SPECIFIES THAT THE PERSON IS NOT ALLOWED TO COME WITHIN ____ AMOUNT OF FEET/YARDS. then that INCLUDES YOUR HOME, WORK, and ANYWHERE YOU ARE! You could be at a RESTAURANT and if the person that the restraining order is against shows up without knowing you are there, THEY HAVE TO LEAVE THE PREMISES. The restraining order should specify the PLACES the person is not allowed to be, INCLUDING your address. That should be right on the order. IF the person COMES TO YOUR HOUSE you MUST CALL THE POLICE IMMEDIATELY, because it is a felony to disobey a restraining order. Also, if you don't follow the restraining order and you allow the person to visit, the judge probably won't take you seriously when you file for an extension if the other person can prove that you have been calling THEM, contacting THEM, etc. YOU may find yourself with a restraining order and THAT is not good because then they can have you arrested for almost any reason. It also shows up on any computer of law enforcement that a restraining order has been issued against you, even years afterword.
Does one parent have the right to keep their address private from the other?
If their is a restraining order involved, yes
Does a restraining order override a child custody order?
If the restraining order pertains to the child or if not, otherwise modified, yes. Otherwise, no. Your personal issues with a parent and that parent's right to their child generally do not overlap unless otherwise stated by the court.
Should baggy pants be banned from the US?
No, this violates the first amendment of US Constitution, we should have the right of freedom of expressions.
Can a indefinite restraining order be changed the answer is Yes but only by the victim of the crime.?
my boyfriend has an restraining order against me is there anyway he could dismiss it we have no contact whatsoever right now but i was hoping he wouldn't go through with it what could i do anything now.
Can your husband change the locks on the house if you are separated and have a restraining order against him?
If you both jointly own a property, your ex husband or wife cannot change the locks. The only way to prevent that person gaining access it via an occupation/non molestation order whilst the divorce/legal separation goes through.
Are you allowed around your girlfriend after domestic battery?
if she has a restraining order against you ,STAY AWAY, if she doesn't she should take one right away an d you need to go for some serious counseling
Does the other party need to know you filed for a restraining order?
The notice to the other party before obtaining a restraining order from the court of law is not only a need of a party but a legal right of the other party to know and to confront the allegations and contention raised by the first party for obtaining a restraining order again him from the court of law. This right is provided to the everyone for fair trial through the constitution of the State as well as due process of law and natural justice.
Can a court order in a divorce stating your ex wife has to drop her ex husband last name be inforced?
Yes. A court order must be obeyed. If a person violates a court order the opposing party can return to court and file a motion for contempt. However, if the decree states that she has the right to resume her former name, she is not required to do so and can continue to use her "married" name. You should consult with that attorney who represented you in the divorce.Yes. A court order must be obeyed. If a person violates a court order the opposing party can return to court and file a motion for contempt. However, if the decree states that she has the right to resume her former name, she is not required to do so and can continue to use her "married" name. You should consult with that attorney who represented you in the divorce.Yes. A court order must be obeyed. If a person violates a court order the opposing party can return to court and file a motion for contempt. However, if the decree states that she has the right to resume her former name, she is not required to do so and can continue to use her "married" name. You should consult with that attorney who represented you in the divorce.Yes. A court order must be obeyed. If a person violates a court order the opposing party can return to court and file a motion for contempt. However, if the decree states that she has the right to resume her former name, she is not required to do so and can continue to use her "married" name. You should consult with that attorney who represented you in the divorce.
