I recently was granted a DV restraining order for a year. It expires May of 2023. My ex spoke to my lawyer after and told her he was going to appeal the ruling. What is the likelihood of him successfully doing this? I had text, emails, voicemails, and a witness of the trespassing, harassment, and verbal abuse. I didn’t have proof, other then my word, for the physical abuse. Service was proper and he was given two continuous 1. Because he literally went and got himself served at the police station and “didn’t have enough time to prepare”. And 2. Because service wasn’t proper(issue was solved). Has anyone seen or had this happen to them?
I recently was granted a DV restraining order for a year
NAL usually they issue a temp order…then have a hearing (which sounds like just happened) to make a permanant one for a set period of time. So i dont think they can appeal…they had thier chance to prove in court the allegations are false…and they didnt. And i would think them trying to appeal it just proves they are intent on harrassing you…if he was done with you etc. Then why care about a restraining order
this is what i assumed! Yes we went to court a total of 4 times he evaded service for 6 weeks and then showed up unexpectedly at court said “he didn’t have enough time” then we went back again and i had gotten a lawyer and she realized when he got himself served he wasn’t given all the papers so we let the judge know about that and they extended for another 2 weeks.. he had plenty of time to prepare and get his side heard. He’s just extremely narcissistic and he can’t ever be in the wrong. I am 32 weeks with his child and he knows a DV restraining order is taken into account with child custody. I think that is big part of him being so persistent.
whoooo sadly a DV restraining order…doesnt have anything to do with custody usually. They dont care about you and his issues…only the child is not abused etc. So sadly, if there is no abuse against the child or a proven danger directly to the child…
My judge told me “hes allowed to hate you, youre just a woman that got pregnant. But that child is his blood and there is no evidence you have to prove hed not be a good father to his child” and he failed drug test, had an active protection order from his ex gf that was actived the day before our custody case etc.
There are 1000’s of posts everyday of moms panicking and reachinf out because BD is abusive and the courts are giving them 50/50 custody. With a restraining order they usually make you have a court app to communicate so they can monitor it and have an agreed neutral 3rd party for child exchanges.
Since ur pregnant, they may let him appeal, just because you both have equal rights to the child and the courts are all about each parent getting thier fair amount of time with the child.
It use to be a big point when dads or even moms had abuse charges when it came to custody…but not anymore…the courts are burned out on parents trying to take kids away from the other parent…so they stop letting the drama between parents have any standing in court.
There is no absolute answer…family court is very grey…ive heard of child molester getting vistation and a mom losing custody all on hearsay.
Id start now consulting a custody atty and seeing what the chances are of certain outcomes with a restraining order being in place. Good luck
We are unmarried so his rights aren’t very cut and dry. He has to prove paternity first and then go from there. I talked to two different lawyers and they both told me it’s highly unlikely they will give him joint custody because 1. DV restraining order 2. I have another child(previous marriage) and 3. He hasn’t financially supported me during this pregnancy. I am just keeping my fingers crossed
he will also have to file everything in a different state then the babies home state which will lead to it making things more complicated for him. It doesn’t seem likely they can overturn a ruling based on an unborn child. Thank you for your input!!! Highly appreciated
A restraining order between you two has no bearing on custody. High conflict parents are ordered to use parenting apps and exchange at law enforcement centers. There is no legal obligation until the child is born. Judges don’t factor this in regarding custody.
yes i am aware. Custody was not at issue because the child is not born. I’m not looking for answers regarding anything to do with custody. I have spoken to two lawyers about that. We just went Friday to court for the restraining order though so i haven’t been able to discuss the likelihood of an appeal with a lawyer in depth yet.