my x wife got a TRO on me after i called the police. i got arrest because i took the phone from her. the case is now with the DA and it has been there for 3 1/2 weeks and i still don't know what i am being charge with. it was my first time getting arrest and i was very scared. my 1 1/2 year old son was present and i dont want to lose him. i am also in the marine corp and i have took steps to prove my innocents. i am her second husband and she has only one child(my son). she is claiming i hit her and chock her on to accounts. saying that i have never deployed. i have only a couple of months left on my 4 year active contract.
she has been on anti depressants twice, she punch me in the face and broke two knuckles on her hand. i also have most of the text messages of her verbally abusing me, she on to accounts has took my son out of state against a court order and i have the flight itineraries. she also attend a domisic violence program which lasted 16 weeks. she is claimimg i hit her and abuse her and the funny thing is, a week before the iccident i called she asking for her info so i can request for majority custody with no child support requested. it is currently 50/50 and she lives in a apartment.
Family Law Attorney
Did she get arrested/convicted for punching you? Do either of you have a criminal record? You should have a hearing date for the TRO. At the hearing, you can ask that the restraining order be dismissed. You can also ask for a trial. Some courts will set a trial date, and other courts do the trial on the spot, so to speak, because of special rules re: when restraining orders are supposed to be heard.
I have used a "non-clets mutual no contact order in lieu of a restraining order" successfully in many restraining order matters, but not all courts allow them. It's worth looking in to.
And yes, if her request for the permanent restraining order is granted, it will be entered in the CLETS system, and can affect your employment, especially if your employment requires you to carry a firearm.
Family Law Attorney
This sounds like a very complex situation. Instead of adding more details on Avvo, you should contact a local attorney. They will be able to assist you in getting the TRO dismissed if that is the correct option and they will be able to advise you as to what the next step should be for you. Best of Luck.
This answer is for general education purposes only. It does not create an attorney-client relationship or provide legal guidance or advice. The answer is based on the limited information provided within the question and the answer might be different had additional information been provided. For legal inquiries all persons are recommended to consult an attorney in your state.
Divorce / Separation Lawyer
You have a constitutional right to have a trial on the alleged abuse, which was scheduled at the time the TRO was issued. The trial date is written on the face page of the TRO. I strongly suggest that you hire counsel to assist you in preparing you for the Domestic Violence trial, including but not limited to, working with you to cross-examine the protected party and the police officers who arrived at the scene.
You have at least 2 legal issues that you are facing: 1) the family law domestic violence restraining order (with all the custody implications surrounding the domestic violence), and 2) the criminal case which the DA has not yet decided to prosecute.
For the family law matter, you want to hire an experienced family law litigator to represent you. You have a very limited amount of time to prepare for your trial, so do not hire someone at the last minute. If the restraining order is granted on a permanent basis, then it will be registered in the CLETS (California Law Enforcement Transmission System), which will be available to all police officers.
I am including links below which will explain how a domestic violence restraining order can affect custody of your son, as well as the basics of child support and the interrelationship between custody and child support. Begin educating yourself on the law, and hire the best attorney you can afford. 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 bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.
Criminal Defense Attorney
Hire a quality criminal defense and/or family law attorney ASAP.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555