Legal Question in Family Law in New Mexico
can a temporary restraining order be contested when it is filed without cause just to add insult to injury. my kids are my world and my wife knows this. there has been no history of violence whatsoever and absolutely no instances of child abuse or neglect or any thing even remotely close to any of these offenses. i have not been served any papers, but was contacted via phone that my wife had filed for seperation and placed a t.r.o. on me. so, am i able to dispute these allegations or am i basically banned from all contact with my 2 girls. i believe this to be pure spitefulness. they day she filed she called my mother who lives 2 states away during her 61st birthday party to inform her of this. i feel this was a totally inappropriate gesture. this is what i am dealing with. i also have a job application in process with the city. will this t.r.o. adversely effect my background check. i feel like i have been slandered, my kids not allowed to see me and possibly be denied a job opportunity.
1 Answer from Attorneys
You always have the right to contest a TRO. You should obtain competent legal representation to do so, however, as there are many other issues such as property settlement, child support and visitation, etc. The TRO is NOT effective until you have been properly served with a copy of it. A phone call is not proper service. The TRO in connection with a domestic relations case should not disqualify you for a job, but that call is made solely by your potential employer. Your best advice is to obtain legal assistance to protect your rights and make sure the serious matters of the custody, support and visitation of your children are legally correct.
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