How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom, Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Family Law Question Here...
AttorneyTom is online now
A new question is answered every 9 seconds

Hi, what do I file first Restraining Order or Custody papers?

Resolved Question:

Hi, what do I file first Restraining Order or Custody papers? Or they can go together? Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  AttorneyTom replied 4 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
There is no reason an individual can't file a custody petition and a petition for a restraining order at the same time. Forms are available for both at the Clerk of Court's Office. As we've discussed previously, I'd highly recommend retaining an attorney and a local legal clinic may be able to assist you if you cannot afford one. You can find local legal clinics here: http://www.abanet.org/legalservices/probono/directory.html
However, if you decide to handle the matter yourself, the Clerk's Office has forms.
Customer: replied 4 years ago.
Thank you very much for the links and the answer. Do I need to go to the police first to complain about stalking and then file RO?
Expert:  AttorneyTom replied 4 years ago.
Thank you for your message. For an emergency protective order, you could contact law enforcement, file a complaint, and they would handle it for you. That will only last 7 calendar days, however. For an extended order, you'd need to file a petition at the Clerk of Court's Office. If you need emergency protection and extended protection, it's possible to do both.
Customer: replied 4 years ago.

Thank you very much, one last question. Will I need some support documents for that? I have messages recordings, e-mails, apartment security record about removing him by force?

Expert:  AttorneyTom replied 4 years ago.
It's my pleasure. I'm glad that I can provide some valuable information.
Any documentation could be helpful. Your accusations may be enough but it's always better to have evidence (the more, the better), as beneficial evidence improves your chances of getting what you want.
Customer: replied 4 years ago.

Sorry, one more. How he can be served if he doesn't have a physical address and lives in the trailer? I don't know where he parks it. The only thing I know that where he probably still works...

Expert:  AttorneyTom replied 4 years ago.
Not a problem. I'm perfectly happy to answer your follow-ups. He could be served at work. If he cannot be served personally, service by publication in the newspaper may be an option.

AttorneyTom and 8 other Family Law Specialists are ready to help you

Related Family Law Questions