My ex-wife successfully filed a temporary restraining order against me while I was out of town and the children were with her during her parenting time.
Even though I am the custodial parent she claimed "abandonment" because I went on vacation and filed for primary custody of the kids.
What I find hard to understand is how a judge would issue a temporary restraining order when I was not even in the state and when I am the primary custodian of the kids.
Is this temporary restraining order legal?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.
A temporary restraining order can be obtained ex parte, meaning without you being given notice of the hearing.
The court may grant a temporary restraining order without notice to the opposing party if the party requesting the order can show specific facts that immediate and irreparable injury, loss or damage will result before notice can be served on the opposing party.
This being said, your ex-wife must have stated facts as to why she should have been granted the order.
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Hopefully you have received a copy of the pleading for a temporary restraining order that your ex-wife filed so that you can determine if the facts she stated in her pleadings are true and correct. If not, then this may be useful in arguing against the temporary restraining order as well as the change in custody.
Keep in mind that where I practice a temporary restraining order shall expire within 14 days of being signed by the court unless it is extended for a longer period not to exceed another 14 days.
There should also be a hearing date on your ex-wife's temporary restraining order as soon as possible. This hearing will give you the ability to speak to the court and explain the facts of the case and hopefully get the temporary order dismissed if the court determines there is no basis to grant a temporary restraining order.
You need to verify that the temporary restraining order states why the order was granted without notice, the reason for granting the order, and states the date the order expires and sets a hearing on a temporary injunction.
Orders that do not meet these requirements may be void. If the temporary restraining order meets these requirements then you will have to appear on the hearing date. I would suggest hiring a family law attorney to help represent you at the temporary hearing.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.