Can I appeal a restraining order my husband put on me, even though has never paid child support?

Asked about 1 year ago - Burbank, CA

My husband has never paid any child support which was issued by the judge, and has missed every payment. He does not respond to my emails concerning our children, and he neglects my children when he has custody. I ran into him a couple of days ago, and I became enraged, and yell at him to pay his support payments, and went up to his car and kicked it, my daughter was with me, she was laughing because she has never seen her father afraid like that before. I know I did it our of rage and anger, but now he has filed a restraining order against me and i'm afraid and don't know what to do.How can he pay for a restraining order and not pay me the support payments, he's abused me in the past and my attorney has evidence for this.Please help me, can I lose my support payment privilege, or my kids?

Attorney answers (3)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19


    Lawyers agree

    Answered . You should oppose the restraining order, and have your attorney assist you. . There are no filing fees for the request for restraining order. It has no effect at all on your ex's obligation to pay child support, and doesn't affect the amount of back support he owes you.

  2. Herb Fox

    Contributor Level 16

    Answered . You say that he "filed" a restraining order against you, I am assuming that he obtained a temporary restraining order, and that the papers you were served contains a date for trial where you will be able to explain to the judge the circumstances, If I am correct about the nature of the order, it is premature to consider an appeal.
    To handle that trial, and to respond to your questions about the potential impact of the restraining order on custody, you should immediately seek the advice of a family law attorney.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  3. Heather Morcroft

    Contributor Level 20

    Answered . If you have an attorney, you need to discuss this matter with your attorney, as restraining orders can be complicated, and can cause you problems.

    In many states, no filing fee is required to file for a restraining order for domestic violence.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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