If you are a loving and caring parent, chances are that you don’t want to be restrained from seeing your kids. Yet if your ex-spouse can make up a case that convinces the court you are dangerous or can harm the children, he or she may be able to get a restraining order against you. With this order active, you cannot be near your children or ex-spouse. If you do come near them, they can ask for the law enforcement to come and remove you to a safer distance. Restraining orders were created to protect threatened spouses and children, but there are times that the evidence may be fabricated and maybe you don’t deserve a restraining order at all. Thankfully, you will have a chance to give your say at the restraining order hearing.

If your ex-spouse can confirm that he or she needs immediate protection, then that individual may receive a temporary restraining order. Yet to make the order permanent, there will be a court hearing. You are invited to attend this hearing and argue on your side to explain why you shouldn’t be barred from seeing your children. If you are under a temporary restraining order at present, it is wise to abide by the terms and conditions of the order for the time being. Even though it might be painful to have to avoid your children, you should do this to prove to the court that you are responsible and trustworthy. Don’t show up at the home, workplace, or school of those who have a restraining order against you.

You will want to read through the restraining order thoroughly and carefully. If there is an accompanying complaint, then read through that too. You will also want to contact the clerk at the court house if you do not get a complaint attached to the order. Read every point that was made that led to the court’s approval of the order, and make note of any incorrect or embellished information. You may want an attorney to look through the order with you to help you mark language that is exaggerated or unfair. You will then want to write down all false claims in the complaint. Stalking your children will not work in your favor. If you need items from the home where the person filed a restraining order, send a neutral third party to retrieve them for you. Don’t make exceptions when abiding by this restraining order.

Many restraining orders require that the defendant relinquish all firearms and other weapons until the matter has been resolved. If you are asked to do this, then do it promptly. You will need to contact the police department and tell them that you are voluntarily surrendering all your weapons until the day of the hearing. You can ask them whether or not you should drop off the weapons or if they should pick them up. Keep in mind that the police have a list of all the firearms that you own, so there is no reason why you should try to keep one at home. The police will doubtless find out and tell the court at your hearing. This won’t work in your favor.

Eventually, you will have to head to the restraining order hearing. Bring a family attorney along if you want a better chance of winning this argument. You will want to dress in court-room attire and bring all the paperwork hat you have contesting the restraining order. Chances are that the judge will read the order and the complaints and then ask your for comments. Either you or your attorney will need to explain your side of the story, giving your arguments in response to the plaintiff’s interpretation of events. You should not interrupt the plaintiff when he or she gives his or her side of the story, and he or she needs to give you the same respect. You must be polite and professional and avoid getting into arguments or getting emotional at the hearing. You don’t want to display anger or another character trait that could serve as a warning sign for the judge.

You will then want to wait for the verdict. If you and your attorney are able to successfully prove that you are not a threat, he may deny the permanent restraining order. In this case, you have a right to retrieve your firearms and can visit your children when you are permitted to by your divorce decree. If you are denied your request, and the restraining order is put in place, all is not lost. You still have the right to seek an appeal and try again to maintain your relationship with your children. Contact a family attorney today if you have more questions about this process or need representation in a restraining order case.