How do I get a restraining order attatched to my divorce?

Question

I have also offered to meet at a police station for visitation and he has refused. The last time he took them he called me after he picked them up and told me he was never bringing them back and if I wanted them I would have to come get them. I did and took a police officer with me. Nothing was done about it because he moved to Cali right after it happened. We go to court on Wed. becasue it has been 11 months and he still refuses to sign the divorce papers and I just want to be as prepared as I can because even though he is $3000 behind in child support somehow he can afford a lawyer and I can't.

Answer 1

If he is $ 3000 dollars behind in his child support, then that right there is automatic grounds for him to go to jail, make sure you point this out to the judge, also go to your legal aid attorney, most cities, and states have them, and file for a restraining order against him, make sure you file everything completely, and note what he did with the children the last time, also, if he did not return the chilrdren at the time he was supposed to, without calling you first and letting you know that he would be late, etc, then he could also be charged with kidnapping

Answer 2

I am currently in a similar situation with my fiancee. Her ex is real beast. Anyway, all you have to do is go to the courthouse and fill out paperwork for a restraining order. They'll take you in to see a judge and you'll have to justify why it's needed. If he's made physical threats or has been abusive, you'll have cause. He'll have 30 days to appeal it. If he doesn't within that time it'll stand for 3 years. If he calls you or makes any effort to come near you, you can have him arrested.

In addition, you can go through the court system and request what is call "Gift Exchange." The court will set up pick up and drop off at a local church which will be monitored by the police. Neither of you will be able to contact or see eachother during this process. You'll go to one room and he another. They will not deliver messages between the room. They will simply escourt the kids from one parent to another. If one of you doesn't show, the absent parent will be up a creak. They will take attendance and if absent the court could issue a warrent for the absent parent's arrest.

Answer 3

A protetctive order has nothing do with threats on taking kids.

Nor can you deny him his rights to see his children because he is behind in payments.

And before you assume, I am a mother, I have been through dv, I have also heard the threat of my ex taking my child ... it's a scare tactic.

In your divorce proceeding make sure it is ordered that the children are to be only in the states you two reside, or between for transfers.

You also need to pick a better way to exchange the children, in front of PD is okay I suppose but they won't be a third party to your transfer. Also think of how it affects the children to have to go to the PD every time visitation is changed.

Answer 4

You just ask the judge for an order, it will be separate from the divorce but can be done at the same time. There are other options for pick up/drop off and you can talk to the judge about that, he can make an order for pick ups/drop offs to take place in a public place etc.

Sorry to hear, had hoped I was the only one :(

Answer 5

You will need to consult a family law attorney in your state. Divorce law and procedure varies from state to state and most of the answers you see will be pure speculation unless the person responding happens to be an attorney in your state. It would also be helpful if you stated where the divorce matter is pending.

Answer 6

File a petition with the court

Answer 7

Talk to a Judge