Can the issuance of a prior restraining order be brought up as “evidence” in a custody case?
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Can the issuance of a prior restraining order be brought up as “evidence” in a custody case?
My brother and his ex are currently in custody hearings for their 2 year old son. She is living with a man who she filed for a restraining order on because he is abusive to her. She then later dropped this and is once again living with him. My brother, myself, and both her and my family all fear it’s only a matter of time before he becomes abusive toward my nephew and we are attempting to gain full custody.
Asked on August 13, 2011 West Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your brother's situation and I can understand how you are concerned about the welfare of your nephew. This question is really best answered by an attorney in your area but I would absolutely attempt to introduce the request and issuance of the restraining order - as well as to subpoena and request all records of reports made by her to the police about him, including the court file. Your brother has every right to try and protect his son in these circumstances. But please remember: this is your brother's fight, not yours. It is really wonderful that you and your family are supporting him and this will help when the issue of taking care of your nephew while he is at work, etc., comes up. But it is his fight, not yours. Good luck.
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