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restraining order and visitation/custody

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  • restraining order and visitation/custody

    I recently read somewhere that there is a new law (started 6/04 ) ,that sais a person with a history of domestic violence cannot have custody or unsupervised visitation with his children. in my case there is a restraining order in effect`; my ex accused me of some silly things and the restraining oeder was dismissed initially but after taking me to court again the judje imposed 1 year restraining order for protection against domestic violence; would this law apply to me? I have a 4 month old daughter and the judge ordered supervised visitation, so I only see my daughter 1 hr a week. Is this going to be permanent because I have a restrining order? the res. order expires in 6 months; but would I fall into the category of one guilty of domestic violence; even though I never even phisically abused her? can someone tell me tks. ed ps. has anyone heard of this new law? and how does it affect one who has a restrainig order? is a person who has a restraining order also guilty of domestic violence leagally? tks.

    ps I am in Florida
    Last edited by edmann; 07-23-2005, 01:45 PM. Reason: to say the state

  • #2
    Good question. And if you believe you are wrongly subject to the order, you should ahve appealed it because it is basically a she said-he said situation, unless there is physical evidence. I think you would have to look at the statute and its policy and interpretive notes because technically this is a restraining order, not a criminal conviction. And you may want to consult an attorney to see if you can still pursue dismissal of the restraining order if you believe it is based on lies.

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    • #3
      already tried that

      actually 2 times; but I get the impression the judges dont want to admit they were wrong or sometimes it is less work for them to just deny the petition to reverse an order , than to actually reverse the order, especially whe there is no attorney as I had not one, they charge too much to appeal these cases. (but it would've been worth it if it was appealed). now im just trying to find out if being guilty of domestic violence has the same ramifications as having an injunction for protection against DV. but tksw for your response.

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      • #4
        Originally posted by edmann
        actually 2 times; but I get the impression the judges dont want to admit they were wrong or sometimes it is less work for them to just deny the petition to reverse an order , than to actually reverse the order, especially whe there is no attorney as I had not one, they charge too much to appeal these cases. (but it would've been worth it if it was appealed). now im just trying to find out if being guilty of domestic violence has the same ramifications as having an injunction for protection against DV. but tksw for your response.
        All states are different. a PFA or protection from abuse order allows you contact with the party but if you abuse in anyway that said party you may be charged or convicted of domestic abuse. When a protection order or restraining order does not allow you near the other said party. i have had both against my abuser.
        I hope this is of some help. Good Luck

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        • #5
          abuse is a very broad term

          One could say he/she was abused if a family member throws a pillow at the other person in anger, to another this would not be abuse; however I think in the US. if you wanted to get someone in trouble you could mention the pillow throwing, take it to court and say you feel your life is in danger, and most likely you would be able to obtain a restraining order against that person. now say that person never abused even a cat in his or her life; now there is a restraining order to protect the "victim" is the person who threw the pillow guilty of DV the same as someone who severely beats up there spouse and leaves them brain damaged? they both have the same injunction, there doesnt seem to be a differentiation with people with restraining orders, they are all thrown in the category of abusers. thats my point the laws are fallable and many times used injustly in this country, at least that is my experience so far. me and my ex had fights just like every couple and we usually made up. but when my ex descided to divorce me , she brought up all the fights from the past, added a little color to them, and wallah ! there you have it (instant restrain order) a perfect tool to obtain complete power over the other person especially in custody of the children. In my case as with every other case the abuse is really a matter of opinion. now when you have hitting, regular intimidation, imprisonment yes this is abuse; but its hard to prove or disprove(unless its obvious-bruises etc.) many times its just one persons word against the other. I think at least there should be a differentiation in levels of abuse when it comes to R.O. as in my case at least 2 attorneys were surprised I even got a rest. order but there it was in effect for 1 year the next thing I know I could not see my baby daughter ecxept in supervised visitation- when I asked why I was told "there is a restraining order" even though the R.O. was to keep me away from my spouse not the child. thats injustice.

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