No Picture
Attorney

Does Fighting a Restraining Order Go on Your Permanent Criminal Record?

This topic is one of the things which worries fathers who are fighting a restraining order during a divorce – and quite rightly too. Unfortunately during some custody battles, your ex’s lawyer will advise her to file a bogus allegation of abuse to justify filing a restraining order complaint… which also means the access to see your kids is immediately withdrawn in 99% of cases.
As if that situation isn’t worrying enough, the sad fact is that if the order becomes permanent, it will be marked in your permanent criminal record.
Basically, unless you can stop the “ex parte” (temporary) order becoming permanent, areas of your life that you haven’t even dreamed of will be affected by this little black marker against your name. That’s why fighting a restraining order during divorce is so important, and not just for the sake of your children.
To file the order against you, it will have been lodged in your home state. If it is granted permanently, its conditions are enforceable nationally. There are no exceptions, because order enforcement is covered under the US Constitution’s ‘Full Faith and Credit Clause’.
The next stage is when the law agency in your home state make the order live on the national law enforcement database, the National Crime Information Center registry (NCIC). The NCIC is a national electronic database which is accessible to all American law enforcement agencies.
You may be wondering what the implications are of failing to win a dismissal when you’re fighting a restraining order. After all, if it’s just a marker on a computer database, fighting the restraining order might not be too important, right? Wrong – that’s a dangerous way of thinking. Sure, your custody battle is extremely important. Your divorce process should be a priority, to make sure you don’t end up homeless and bankrupt.
But getting the restraining order should be a starting point for those battles to be won. Apart from swamping you in paperwork and adding an extra layer of complication to the legal process, having a restraining order against your name has wide-reaching implications.
Firstly, you will experience extra checks at customs when you fly. You will not be allowed to own or be near any firearms or “other hazardous materials” (and if you work in security or trucking, that means goodbye to your job). You will live with being accused of violating the restraining order at any time – which, if your ex is spiteful enough to file an order in the first place, should be expected.
Finally, any employers who conduct a criminal background check will see the report with the flag against your name, but not the details of the case – and it’s a standard procedure now to make this check on your criminal record before offering you a job. Employers will often not bother querying the facts around the case when they see your report, and you won’t get a chance to explain that your vindictive ex filed a bogus restraining order abuse allegation in order to win custody of your kids.
Because of all of that, it’s vitally important that you get the restraining order rescinded as soon as possible. Thousands of fathers are succeeding every week on this, and you can be one of them.…

No Picture
Counsel

The Best Tip You’ll Ever Learn About How to Fight a Restraining Order

When a father is trying to figure out how to fight a restraining order as part of the divorce process, he often receives advice from the people around him. His parents, friends, colleagues – plus his lawyer if he’s chosen to hire one to represent him in court whilst fighting a restraining order.

The problem is that a lot of advice is given which isn’t easy or practical to follow. This article has been written for fathers who are trying to figure out how to fight a restraining order, to give them a really good tip which helped me immensely during my divorce (before I won custody of my two sons). I just wish I’d been told about this earlier. The tip is this:

Keep a journal, or two – perhaps for the first time in your life.

If you’re wondering why on earth a couple of journals might help you on your struggle to fight a restraining order, I’ll explain.

Firstly, Journal #1 is a practical thing. And it’s the most important one. In it, you need to record every thought, movement, communication and action that has any bearing on your divorce case and/or the restraining/protection order, along with any paperwork. Examples of the types of things I’m talking about are:

Dates, times of your daily activities

The names and places where you met anyone or talked to

Store receipts

Email communications

Journal #1 should remain factual, accurate, and very brief (just a 5 minute summary before you got to bed each night is enough). This can be a crucial piece of evidence which can help you during your defense in court, because it’s unlikely that your ex will be organised or smart enough to realise what you’re doing.

In my own case, I was able to figure out how to fight a restraining order not through my lawyer (who I ended up firing due to a mix of incompetence and lack of funds), but based on evidence supplied via my own journals, and admitted into the courtroom. For example, a store receipt from two towns over proved that the temporary (ex parte) restraining order violation I was accused of at my ex’s home never took place. I was able to pinpoint the time and date I’d been in the store, so camera records could be requested!

If I’d not kept that receipt, fighting a restraining order would have been much harder.

The second journal you should keep is a private record of your own thoughts on how to fight a restraining order, or your frustration at the divorce or custody case. This is just meant to help you feel less angry (even though it’s entirely justified to feel like that). Just make sure that you put these words at the start of every entry in Journal #2 so that it can’t be subpoenaed as evidence against you if your ex ever gets hold of it:

“To My Attorney, [his or her name]”

I hope the above information has been useful – too many fathers are having to fight a restraining order during custody/divorce cases these days, and I want to spread the word that it IS possible to win 100% custody of your children, if only you make the right moves for them.…