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My wife issued a TRO, the day before we were supposed to go…

Customer Question
My wife issued a...

My wife issued a TRO, the day before we were supposed to go to the "Children's First Program and she's accusing me of mental cruelty.

Lawyer's Assistant: Family law varies by state. What state are you in?

Sorry, Hawaii

Lawyer's Assistant: Have you talked to a lawyer yet?

No i can't afford it unfortunately

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She issued tbe TRO 2 month's after ahe moved out

Submitted: 8 months ago.Category: Family Law
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9/20/2017
Family Lawyer: Sue, Family Law Attorney replied 8 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 446
Experience: Family Law litigator for over 35 years
Verified

Hello, welcome to the site. I’m here to help you today. I am a licensed attorney with over 35 years’ experience in family law. I’d like to review your question and perhaps do some research for a few minutes, type your answer and then I’ll be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Could you let me know more about how I can assist you?

Sue

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Customer reply replied 8 months ago
My wife issued a TRO, and i never abused her in any way
Family Lawyer: Sue, Family Law Attorney replied 8 months ago

There will be a follow up hearing where you can appear. Were you served with a copy of the TRO yet? The hearing date should be there.

Sue

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Customer reply replied 8 months ago
it's this Friday
Family Lawyer: Sue, Family Law Attorney replied 8 months ago

Because of the way TRO laws have been amended, your best course of action is to agree to the TRO while making it clear on the record in the hearing you contest the allegations.

Your option is to go to trial, but if the judge decides your wife's testimony is believable, even if you deny it and give your own version, the judge has to enter findings of fact on the record. Those findings shift the burden of proof to you to show in the custody proceeding why you are not a danger to her or the children. It's an almost impossible standard to meet and will effect custody and child support forever.

Since lethality is so high in Hawaii in domestic violence situations, the judges are more likely to err on the safe side by issuing the long-term TRO and making the findings I mentioned above. It's not fair, but it's true.

That's why it's best for you to agree to the TRO while adamantly contesting the grounds.

Does this make sense?

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please let me know so I can continue to assist you. This thread remains open about a week, so if you want to let me know what happens Friday, I'd be happy to assist you further.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

I know it's not easy hearing my suggestion to agree to the TRO when you did nothing.

However, I hope the information I've given is helpful.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

I see this conversation has been closed by the Moderator.

I was going to send you the statute reference, so here it is. Look at subsection (a)(9).

Sue

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Sue
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Category: Family Law
Satisfied Customers: 446
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