Family Law Questions? Ask a Family Lawyer Online.
Is there a pending divorce?
When does the restraining order end?
If this is a temporary "ex parte" order, then a follow-up hearing should be scheduled. You can go to that hearing an present evidence that the spouse overstated the situation and the RO is not needed. If you can afford it, you should get an attorney to help you. RO are serious business and can show up on background checks. If you cannot afford a lawyer, go to the hearing with the evidence you mentioned in this post, plus any other evidence or witnesses you may have. You can question your spouse on the allegations and ask for proof. That is why a lawyer is preferable, since he will have an easier time questioning the spouse.
These RO's are misused all the time to posture for a potential divorce. The idea is to keep you out, make you look bad to the court and set the stage for the spouse to take over possession of the house. If there is a hearing schedule you should go in a calmly fight back. Do not blow up or you will lose credibility.
Thank you for using JA. Please click "Accept". If you need more, just let me know.
will i be questioned then
Yes, you will, and your spouse will be questioned as well. Your spouse's lawyer will question you and you or your lawyer will question your wife. Is there anything to her allegations? If yes, then you might re-think the hearing so that there is not bad testimony on the record. You will get a chance to go for joint custody and visitation down the road and the RO, if temporary, will expire.
You have some powerful evidence with the sex dating. It impunes her credibility. How afraid could she be if she was sex dating on the internet the day she asked for the RO? If you can find some cash, you should bring a lawyer. Do not hire him for a divorce, just get him to defend you on the RO. If there is a divorce pending, then you have to decide if you want them for that too.