Legal Question in Family Law in Tennessee
Restraining Order
My ex has a restraining order in effect so I can't see my children. He knowingly let me see one of them a couple months ago. He didn't uphold the order by prosecuting me. Does this invalidate the restraining order and if so, what do I need to do in order to see my children again?
1 Answer from Attorneys
Re: Restraining Order
Regardless of his actions, you always must comply with court orders. If the order of protection requires you to stay away from him, but not the children, then you should file a petition in the appropriate court for specific visitation or custody and ask the court to establish transfers of the children in such a way as to avoid contact between you and your "ex." If the order prevents you from being around your children as well, and you believe there has been a change in circumstances, then perhaps you can file a petition to modify the order. You really do need a family law attorney to assist you with these matters and I think you will find that there are ways to see your children if you hire counsel to assist you. Obviously, the success of your attempts depend on the specific facts of the situation. Best of luck to you.