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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90412
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed Restraining order against my husband on Sep 25 last

Resolved Question:

I filed Restraining order against my husband on Sep 25 last year. I went to hearing in Nov. 2009 for that. He got supervised parenting time with 2kids once a week. We went to a trial on Dec.18 2009 for our divorce case. He needed to take urine test before parenting time for 3 month after trial and after that I requested for Hair folicle test that he agree to take at court for non supervised parenting time. But He never took it. since March 18th 2010 he has't seen kids. He hasn't provided any child support from last year.
He can't have parenting time since he doesn't provid clean hair folicle test.
But I wasn't sure that the restraining order I filed expires 1year from the time I first filed or this lasts until he provides test result to have unsupervised parenting time...
or when divorce case is finalized (which might be soon).

please give me some answer!

Thanks
Yumiko
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 years ago.
If the restraining order does not indicate on its face when it expires then it is only good for 1 year from date of issue. Also, for his other issue of the father not complying with drug testing and more importantly not paying support, you need to get the attorney to file a rule to show cause for contempt for non-payment of support and seek garnishment from any wages if he is employed or from his unemployment benefits if he is collecting them or from any other benefit he may be collecting.

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Customer: replied 4 years ago.

I am asking for garnishment of wages with my divorce degree when it finalize.

He has to pay back from the day we went to the Trial.

I am not sure he is working or not at this point.

Since I filed restraining order on Sep 25th 09 after that do you think he can contact us even he doesn't take drug test ? Is it easy to file extention of restraining order??

I am affraid he might try to see kids when I am not knowing...

 

Expert:  Law Educator, Esq. replied 4 years ago.
Yes, it is easy to file for an extension if your order does not state it remains in effect until the final order of divorce and you simply file a motion to extend the restraining order before it expires.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90412
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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