Filed a TRO a few days after I filed for a child custody/Support mod concurrently

Asked about 1 year ago - Lemoore, CA

How common is it to have a parent file a false TRO on the parent who filed to change custody, etc?? TRO was denied but still have to go to hearing. Why would that be? Doesn't this look bad on the parent who filed for a TRO with zero proof? Plus its the same judge who will hear our TRO and custody mod.

Attorney answers (1)

  1. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    Answered . The TEMPORARY restraining order was denied based on the papers, but the judge set the matter for a hearing to see if the moving party can prove his/her case based on testimony. You are in a good position, because the denial of the TRO is an indication that the case is weak or that the other parent did not provide enough evidence to get a TRO granted.

    What you need to do is prepare to address all of the allegations set forth in the TRO paperwork. Be prepared to cross examine the other parent about the allegations, provide evidence, and other witnesses as the case may be. Argue that the TRO is simply an attempt to gain an advantage in a custody/support proceeding, and be prepared to tell the judge your side of the story.

    I am including links below which may be of some help. Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the... more

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