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

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?

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Attorney answers 3

Posted

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. ******

Asker

Posted

Thank you for your response, I'm just curious to know if the judge will consider why I was so enraged because I have to feed my children.

Heather Morcroft

Heather Morcroft

Posted

Generally violence, especially in front of your children, is not excused even when anger at the circumstances is justifiable. The justice system expects, in an effort to keep society civilized, that people will find appropriate non-violent ways to express their anger and resolve their problems. So while you anger is certainly understandable, the method you chose to express that anger is not, is what got you into trouble, and is not something the judge will consider as an excuse for your behavior. Whether or not he or she will consider the behavior extreme enough to grant a restraining order is a different matter. In order to get a restraining order your behavior has to cause the other person fear of harm, and I don't know that kicking someone's car would rise to that level. But it might.

Heather Morcroft

Heather Morcroft

Posted

His history of abuse, if documented, may also help you. If he has abused you in the past, how likely is it that he is afraid you will harm him? You should get an attorney.

Asker

Posted

Exactly, he has put holes in my apartment walls, thrown away my clothing, ripped my Bible, took me off this dental insurance, was controlling. And all this occurred within the household in front of the children. So hopefully this will help. Thank you for your advice you were wonderful.

Heather Morcroft

Heather Morcroft

Posted

Good luck!! You may want to contact a domestic violence shelter for assistance and support. They provide more than just temporary housing. Here is a link to the statewide coalition. http://www.fcadv.org/

Asker

Posted

One last question, will his abusive behavior from the past help me in any way?

Heather Morcroft

Heather Morcroft

Posted

It might, that's why you need a lawyer, to help you present your arguments persuasively.

Posted

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.

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Asker

Posted

Thank you I have evidence against his abuse as well, controlling, verbally abusive, put holes in my walls, destroyed my belongings, ripped my Bible, hasn't payed any support payments, ignores emails from me and my lawyer, doesn't follow the courts directions, hopefully this will be enough, and all this has been recorded and documented. Do you think this may help me?

Herb Fox

Herb Fox

Posted

All of these questions should be directed to your attorney.

Posted

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.