| This topic is one of the things which worries fathers | | | | not be too important, right? Wrong - that's a dangerous |
| who are fighting a restraining order during a divorce - | | | | way of thinking. Sure, your custody battle is extremely |
| and quite rightly too. Unfortunately during some | | | | important. Your divorce process should be a priority, to |
| custody battles, your ex's lawyer will advise her to file | | | | make sure you don't end up homeless and bankrupt. |
| a bogus allegation of abuse to justify filing a restraining | | | | But getting the restraining order should be a starting |
| order complaint... which also means the access to see | | | | point for those battles to be won. Apart from |
| your kids is immediately withdrawn in 99% of cases. | | | | swamping you in paperwork and adding an extra layer |
| As if that situation isn't worrying enough, the sad fact is | | | | of complication to the legal process, having a |
| that if the order becomes permanent, it will be marked | | | | restraining order against your name has wide-reaching |
| in your permanent criminal record. | | | | implications. |
| Basically, unless you can stop the "ex parte" | | | | Firstly, you will experience extra checks at customs |
| (temporary) order becoming permanent, areas of your | | | | when you fly. You will not be allowed to own or be |
| life that you haven't even dreamed of will be affected | | | | near any firearms or "other hazardous materials" (and |
| by this little black marker against your name. That's | | | | if you work in security or trucking, that means goodbye |
| why fighting a restraining order during divorce is so | | | | to your job). You will live with being accused of |
| important, and not just for the sake of your children. | | | | violating the restraining order at any time - which, if |
| To file the order against you, it will have been lodged in | | | | your ex is spiteful enough to file an order in the first |
| your home state. If it is granted permanently, its | | | | place, should be expected. |
| conditions are enforceable nationally. There are no | | | | Finally, any employers who conduct a criminal |
| exceptions, because order enforcement is covered | | | | background check will see the report with the flag |
| under the US Constitution's 'Full Faith and Credit | | | | against your name, but not the details of the case - |
| Clause'. | | | | and it's a standard procedure now to make this check |
| The next stage is when the law agency in your home | | | | on your criminal record before offering you a job. |
| state make the order live on the national law | | | | Employers will often not bother querying the facts |
| enforcement database, the National Crime Information | | | | around the case when they see your report, and you |
| Center registry (NCIC). The NCIC is a national | | | | won't get a chance to explain that your vindictive ex |
| electronic database which is accessible to all American | | | | filed a bogus restraining order abuse allegation in order |
| law enforcement agencies. | | | | to win custody of your kids. |
| You may be wondering what the implications are of | | | | Because of all of that, it's vitally important that you get |
| failing to win a dismissal when you're fighting a | | | | the restraining order rescinded as soon as possible. |
| restraining order. After all, if it's just a marker on a | | | | Thousands of fathers are succeeding every week on |
| computer database, fighting the restraining order might | | | | this, and you can be one of them. |