Fighting a False Restraining Order - How To Safely Maneuver This Legal Minefield

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Unfortunately, as divorce has become a cottage industry, the filing of a false restraining order has become a more & more common legal tactic. If you are on the receiving end of a false restraining order, you have a minefield of obstacles to maneuver in order to clear your name & get back the custody of your kids. Any 1 mistake can land you in jail. When fighting a false restraining order, make sure you are well informed so avoid you can avoid the traps.

All it takes is one untrue accusation from your wife to get you slapped with a restraining order that will keep you out of your house & away from your kids.

Sometimes an unscrupulous attorney will recommend this tactic to a woman for a couple of reasons:

1. It is a way to get her instant custody of the children without a hearing (believe me this can & DOES happen!)

2. It is a way to maximize alimony & child support payments. It can also help her get sole possession of the house.

What is worse, a restraining order puts the burden of proof on YOU, not her! That is right, she can make accusations without being required to prove them. This is because the truly abusive husbands have tainted the water & made this tactic possible.

If you are hit with a false restraining order, you will be considered bad news by the courts & no benefit of the doubt will be given. From the standpoint of the court the chance of making a mistake & turning an abuser loose will outweigh any possibility of giving you a fair shake.

The odds are stacked against you & the laws are so confusing that even an honest mistake can land you in jail. Relying on an attorney to fix this for you may be the worse thing you can do. They are part of the divorce industry & they use this tactic to make their job easier. So if you are going to get through this, it is up to you to become well informed & take an active part in clearing your name.