I have a restraining order against my ex. That protects me and my kids 11 and 5. Well, now my ex filed a restraining order against me in order to obtain full custody of my five years who my restraining order in place is all to protect her from him. So what is going to happen? Can he even do that they’re a restraining order against him to protect her? So can he obtain custody?
If you have a ‘victims advocate’ in your state/city I would call them ASAP.
Lawyer up fast as fast girl
Yea. Lawyer lawyer lawyer
Yeah he can file for one. That doesn’t mean it will be granted or that you would lose custody.
You generally have to have reasonable cause to obtain a restraining order . The judge doesn’t just give them to anyone for any reason
In Illinois, technically someone can’t get one against someone who already has one in place against that person. However, sometimes judges don’t know about an existing one, and while rare, I’ve seen a judge grant one even knowing about the current one. (Used to be an advocate) if you can’t afford an attorney, talk to an advocate asap.
If he files one against you, an advocate should be able to assist you with getting a hearing date sooner than whatever day is on the emergency order.
What he is doing is retaliation and also intimidation basically because a judge obviously granted u one and ur children one for protection and a judge with knowledge and sense will see that and deny it the day it is even filed. I would contact a advocate ASAP and also a lawyer because once your ex realizes that his won’t be granted (more than likely) he’ll start other tactics like calling children services police on u etc and it’ll go on n on cause he trying to get u to drop yours against him for he can control and abuse u more. That’s what abusers do sadly
U can contest the order. Do that and if there is no reason for it, it will be dropped. Save all copies for custody hearing and get an attorney for that!
Ensure any childcare facility is well aware that he is not allowed near the children or you. I mean everyone needs to know. They are to call the police & not engage with this man at all. Take your paperwork to prove it.
Further, even if he does get an order against you, he cannot breach it himself.
Unless there is a reason for him to get one the judge won’t grant one to him
I would call legal aid and contest it on the grounds you have one. He can try to do this but seems counter productive.
He can get a restraining order against you with reasonable cause but it won’t grunted him custody what so ever.
He can do a temporary RO and file a modification of the RO for custody and that will override the TRO. He is taking the quick and easy way out too get visitation my ex did the same . The temp orders over rode both our ROs
I would suggest contacting legal aide and asking for help with en Ex Parte for sole custody with no visitation until the courts see fit.
I’m in Michigan and my 5 year old daughter has HER OWN PPO against someone I’m not sure how it works with it being a PPO in your name
No he can’t
He’s all talk
Also how do u know this?
If u have a restraining order on him then u aren’t suppose to speak to him, not I txt not on the phone not even transfer messages back in front from 3rd party!
Ur not following ur own restraint order, he could try and appeal it and show proof that u kept communicating with him showing ur not in fear of ur life and judge could not want to renew ur order when the time comes.
I would think the only way a judge would grant his…is if your PO that was granted was violated and he had proof that includes Text or calls.
If the restraining order is petty and only in place because it was a toxic relationship just between you two. Don’t drag your 5 year old through this. She didn’t ask to be here. She has a lot of life to live and needs you both even if it’s not together. If he’s willing to fight in court for rights of his child why fight back? Be thankful he’s not a deadbeat. Instead use the Money for restraining orders on co-parenting classes.
Yes he can if you have been abusing him or texting him a lot ect
It’s up to the judge. You also can keep him away with out the judge person permission
I’m betting the judge will probably laugh at him. Because with a restraining order already against him for the 3 of you, no contact is even suppose to be had from either party so as long as it’s being obeyed he’s not really going to have grounds to get a restraining order anyways.
That’s a question for a lawyer not a bunch of strangers. And I would do that asap.
Wow. Yeah you can do that. I hope that you both aren’t using the system and harming your kids in the process. If you have issues with your current schedule or custody arrangements you can have a lawyer assist or utilize mediation . Talk to a legal advocate to see how band what will happen and how protected people are going to be safe.
You legally have to stay away anyways.
They will look at that as being malicious on his part. My ex has done this to many women including me. Stay above it, and make sure to keep evidence. Facts is what you want.
Well if you already have one in place and he files for one the judge should see it and chances are they will see he is doing this out of retaliation and it will be thrown out. But I’d definitely consult your family attorney and be absolutely sure.
Unfortunately he can file for full custody even though you have a restraining order on him. And unless your order has elapsed or has been thrown out due to you violating terms, in most states he cannot obtain a restraining order against you.
He has to have proof and not jus hear say also if it is taken to court judge finds reasons a cps investigation will start you will continue custody until the court hearing been through it
You can call your family judge or the magistrate in your courthouse
You can have joint orders.
It will look like he’s just doing as a revenge thing.
You need a lawyer not Facebook. Non of us can help you.
If there is a history of domestic violence he shouldn’t get full custody. Plus there would be separate court hearings. Write a victim statement in response to his temporary/preliminary protective order. He cannot include your kids unless there is solid evidence of any wrong doing. He will have to prove in court that you did what he says is the reason for the order. Have all of your evidence that you presented then and what you have since then. Usually, if there is one already in place then all he should be doing is proving you violated it, or appealing.
Call your lawyer for advice
A restraining order just means you will have a third party to trade off the child when it’s their time. He can file for anything but it dosnt mean he will get approved.
However, you said you have a restraining order against him… have you broken this order/ been in contact with him since this order? If so it will be more likely for him to get one granted depending on the circumstances and evidence, because y’all are both supposed to follow the legal order. If you havnt broke the order, I bet the judge will just look at him crazy. Because why would he need another restraining order when yours also orders no contact between the two of you?
Custody is separate from all of that. If he is not a danger to the child directly they will likely give him some type of custody. If you havnt done anything wrong & can support your child then don’t stress the full custody threat. If you’ve already been to court and this is a permanent order, I doubt it will be removed
They will most likely through it out. But talk to your attorney. Everything is different in every state
RO has nothing to do with custody.
It will get thrown babe.
You need an attorney to answer that.
I had a pfa against my ex for me and my kids and he filed for custody and the judge gave my kids to him because the judge didnt want to separate them from where they grew up. I moved 15 minutes down the road and that’s what I got!