Legal Question in Family Law in New Jersey

Re: Restraining order and Residential Custody

You have a mess on your hands. You really need advice and help from a divorce attorney.

I suspect that you can not afford an attorney. Please try hard to get one.

You need to fight the restraining order.

Residential custody: in order for him to get custody, he would need to persuade the Judge that the children would be better off with him than with you. With no stable place to live, how could he care for the kids?

I do not understand your last question. Why would you think that it would be violation of a court order (court order concerning visitation) for him to file for a restraining order because he alleges you harass him?

Please, get a lawyer. Try Legal Aid, try the Bar Association for the county you live in.

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Re: Restraining order and Residential Custody

It would appear that he has obtained a temporary restraining order. He must prove the act or acts of domestic violence alleged to even get to the question of custody. If you presently have custody you will probably retain custody. You should protect your positin by hiring an attorney. I would charge you a reasonable fee.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com