you really should have consulted an attorney before going to court on the FRO hearing. Based on what you are saying, it is very likely that an attorney would have been able to dismiss the TRO, courts are hesitant to grant restraining orders based on verbal abuse/harassment unless it is very extreme.
However now that you have agreed to civil restrains and agreed to stay out of the house, it will difficult to contest it.
Generally you have as much right to stay in your home as your wife until the divorce is finalized.
Do you have a matrimonial attorney to handle your divorce? You will certainly need one considering all the issue you have.
I provide free consultations and flexible payment plans. If you would like to discuss further you can contact me at 551-427-4428
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
You should consult with an attorney to explore your options. Were you represented by an attorney when you entered into the civil restraining order?
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
As has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. Skipping a consult under the facts you've set out is the very definition of being "penny wise / pound foolish."
I can't strongly enough suggest that you meet with an attorney and go over your case and what to do. Be read the riot act on the domestic violence act, which is unfortunately sometimes abused by someone with a weak custody case. Learn. I'm not one to punt every question here with "get a lawyer". but think of it this way: If this were a medical questions site and someone asked what the proper dosage of Tylenol for a 180 lb man is, it could be answered quick and clean. But - if someone posted a question saying they had severe chest paid radiating down their left arm... you'd say "get to a professional ASAP." You're asking a question here that's the equivalent of telling a doctor you have chest pain.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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