Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My wife issued a restraining order against me that will last…

My wife issued a restraining...
My wife issued a restraining order against me that will last one week. She will be home with the kids while I'm at a hotel.
What should I do in the meanwhile?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
3/23/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 441
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that this is occurring for you. Let me ask if you have been to Court on the restraining order as of yet?

Ask Your Own Family Law Question
Customer reply replied 1 month ago
I was just handed the restraining order last night by an officer, and barely left the house this morning.
I have a question about the phone call you mentioned- does it add a cost to this service?
Thanks

Certainly - the phone calls are an extra charge in addition to the answers and dialogue here. You certainly are not in any obligated nor will I even suggest a call, but I like to point it out as the system will often offer one automatically.

So back to the restraining order - if it is just for a week, it is a temporary restraining order. Is there mention of a Court date?

Ask Your Own Family Law Question
Customer reply replied 1 month ago
it just says which date and time it expires
Customer reply replied 1 month ago
one of my concerns is that if I just let the week pass without doing anything, if anything else goes south in our marriage, my lack of action today would somehow put me in a disadvantage if things go to court.
the main issue if we get a divorce is to have split custody on the kids

So those in cases usually the application made to the Court is that there is an immediate need for a restraint. If the application makes this allegation, the Court will issue a Temporary Restraining Order that lasts up to 15 days, or in your case, 7 days. Likely there will be another hearing set in the future, perhaps in the three week time frame that you would be given notice of and a Court would decide if the Temporary Restraint was properly issued. (Sometimes people get restraining orders with no good reason or to have some advantage in a case). If a follow up restraining order was issued at a later hearing, then that would continue further.

So what can you do? Stand by and I will set out some strategies.

Ask Your Own Family Law Question

First, carefully review the terms of the restraining order as to what you can and cannot do. If is a complete restraint on contact with your wife and children as they sometimes are? Or is it a restraint on in person and not electronic? Is it just to stay away from the home or perhaps limited to times of day? Determine the parameters and follow them to the letter. Do not stray at all. If that happens, at later hearings, or in a divorce action, that can come back to haunt you and there really is no explaining violations away.

Ask Your Own Family Law Question

Next, start to keep a log during the week of anytime your wife calls you or lets the children call you. If she is going to do this (and people do) this goes a long way towards showing that she may not really need a restraining order. I would have no way of knowing this for sure, but sometimes people go see attorneys and they tell them to pursue the restraining order route to get an edge when one is really not needed.

If she calls or allows the children to, note it.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
i believe its a full restrain, and I have no intentions to violate it.
Should I attach a copy for you to see?
May I ask where are you located?

i am on the east coast and I am happy to review it.

Ask Your Own Family Law Question

Next, you want to pay attention to your assets such as bank accounts and retirement accounts, any others as well, credit cards included to make sure that you keep a careful eye on balances so money does not start to disappear without you knowing about it.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
ok I can attach it shortly. Its confidential right? you are obligated not share it with anyone right?

Everything stays on here with no disclosure - that is correct. I cannot and would not share it with anyone. Correct.

Ask Your Own Family Law Question

I would also strongly recommend you going to see a divorce attorney in the county where the restraining order was filed. This will give you a better understanding of your rights and they can expand on the ideas that I have given you here. It may also be possible for them in the next week to begin to do ground work on any other issues related to this. You could also have them verify if there has been or to keep an eye out if there was a divorce filing.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
see file

Give me a moment and I will look at this.

Ask Your Own Family Law Question

It may be possible you have another date, but at this point, on that date, it expires.

Ask Your Own Family Law Question

A final point to continue the ideas above.

Finally, I would say that after the restraining order is lifted on the day noted in the order, reach out to your wife prior to just showing up. Offer to meet at a neutral location and talk. Many people don't do this and I believe it is a missed opportunity to show them that you are willing to address things.

However, since you have used the week to do preparation if she won't talk or if the talk goes bad, you can protect yourself.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 441
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
the truth is I believe my wife and I are going to try to work it out but I just dont want a week to pass and if it turns out she will have any attempt to keep the kids away from me I want to know I did prepare necessary steps

Please let me know if there is anything else I can help you with. And thank you!

Ask Your Own Family Law Question
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 441
441 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Can you obtain a restraining order against a person that was
Can you obtain a restraining order against a person that was having and affair with your spouse and and the person had been told to have no contact, but they keep coming around. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I have just served a one-year Temporary restraining order on
I have just served a one-year Temporary restraining order on myself. My ex has now divorces me and we live '1500 miles apart. I now receive a renewal of that TRO. What recourse do I have ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
What are the prerequisites to obtaining a restraining order
what are the prerequisites to obtaining a restraining order served to another person and one served to an ex spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If someone goes to court for a restraining order (phone
If someone goes to court for a restraining order (phone harassment), and does not have an attorney, what does the hearing look like? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
I filed a restraining order against my husband for physical
I filed a restraining order against my husband for physical abuse. I did not stipulate, perhaps mistakenly, that he cannot see his son. We are married. I live in WI. I know that my husband is not allo… read more
Sean K
Sean K
Family Law Attorney
441 satisfied customers
My husband filed a bogus restraining order against me, had
My husband filed a bogus restraining order against me, had me evicted from our home was granted total custody of our 2 small children. He has a history of DV. I do not. Is there any way to get a more … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in nh. I have a restraining order against my husband.
I live in nh. I have a restraining order against my husband. I have committed adultery by way of a relationship with someone who is stable and kind, and I have never entrusted him with the care of my … read more
Sue
Sue
Juris Doctorate
384 satisfied customers
When a temporary restraining order is filed, how is It
when a temporary restraining order is filed, how long is It valid? There was a court date set for a hearing and the day before the hearing the lawyers did a Rule 11 agreement which was filed with the … read more
Sean K
Sean K
Family Law Attorney
441 satisfied customers
My ex, who I have a restraining order against, has called
my ex, who I have a restraining order against, has called DCF on me, saying I abuse my kids (he's been threatening to do this since I filed for the restraining order) and that I do drugs because I too… read more
Sean K
Sean K
Family Law Attorney
441 satisfied customers
I have the paperwork to file the restraining order and the
I have the paperwork to file the restraining order and the documentation to accompany it with the clerk's office. Filing that is not an issue for me and I understand that him and i will be expected to… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
My son was just served with a restraining order that claims
My son was just served with a restraining order that claims my granddaughter woke up with her pants and her underwear off and has no idea how that happened. She said he was materbating in bed with his… read more
Sean K
Sean K
Family Law Attorney
441 satisfied customers
My dad is divorcing his wife. He has a restraining order
My dad is divorcing his wife. He has a restraining order against her. He is living elsewhere and she is still on his/her property. I own a vehicle that has been stored on their property for a couple o… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
How do I prepare for a final restraining order hearing. New
How do I prepare for a final restraining order hearing … read more
Sean K
Sean K
Family Law Attorney
441 satisfied customers
I recently filed for a restraining order, child custody,
Hi, I recently filed for a restraining order, child custody, child support. Temp restraining order was approved. I am now waiting for a hearing on 02.26. The respondent has been attending therapy and … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Can a judge impose a restraining order even if there is no
Can a judge impose a restraining order even if there is no legal basis for a restraining order? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My girlfriend got a restraining order at Disney because of
My girlfriend got a restraining order at Disney because of me because of my past I was convicted of a sex crime when I was 16 I am 38 now my girlfriends are me and you going to Disney we were allowed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Is it acceptable to file temporary restraining order without
Is it acceptable to file temporary restraining order without notifying the other side? Ex husband has been verbally and physically abusive and I don't want to see him and deal with him. Thank you!… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I have a restraining order with no contact and a joint
i have a restraining order with no contact and a joint account with the ex boyfriend am are the funds still available for both of us to use since he is still on the lease … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x