Legal Question in Family Law in California
how can i have final restraining order set aside
I filed papers to modify custody on my ex wife, she filed TRO. She and I have attempted to reconcile or so I thought and has used my emotions against me. I walked out of court prior to mediation and lost some of my visitation, she was able to keep my girlfriend from watching my kids and she obtained a 3 yr restraining order, since then she calls and has contact with me and talks of reconciliation but then changes her mind and uses the restraining order to control me. I have very little contact via phone with my kids and if I complain she says im violatione the restraining order. She called the police but thank god they saw I was not in violation. Help me please how can I get this thing lifted and get back visitation with my children. Since the order she has made contact and even had intimate relations with me. Also please note that there has never been any domestic violence commited. I was a fool to walk out I know but allowed my emotions to get the better of me. Im not a bad dad or husband just a fool with a broken heart makin bad choices, I need this lifted and her control taken away. Thanks
2 Answers from Attorneys
Re: how can i have final restraining order set aside
YOU SHOULD RETAIN AN ATTORNEY TO HAVE THE TRO SET ASIDE AND MODIFY THE CUSTODY ORDERS. THIS IS PROBABLY TOO DIFFICULT TO BE DONE BY SOMEONE OTHER THAN ATTORNEY WHO HAS DONE IT BEFORE. GOOD LUCK, PAT MCCRARY
Re: how can i have final restraining order set aside
Wise up and quit talking to her or having any contact with her that is in violation of the restraining order. She is using your talking to her and other contact with her to control you. Stop this and you take away that control. You should consult an attorney regarding your situation.
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