Can I cross-examine my wife in a temporary restraining order hearing?

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Can I cross-examine my wife in a temporary restraining order hearing?

My wife and her lawyer have gathered many lies and exaggerations to say I’m abusive and a drug user in a restraining order against her and my 2 year old daughter. I have court tomorrow to respond to this and I am representing myself.

Asked on February 1, 2012 under Family Law, New York

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

Typically, in a 2 party restraining order hearing, you can give testimony and would be permitted to cross examine your wife as to the accuracy of her testimony.  The judge also may question your wife if you go in unrepresented as to any discrepancies in her statement.  I would strongly advise that you seek experienced counsel howver, since the restraining order deals with your daughter.  Once the restraining order is placed against you involving your daughter, you will have to go to family court to try to get any visitation.  It will be an uphill battle if one court is already restricting your rights of access to your children.  Also, paying for representation now may save you in the long run, since it sounds like you are in for a complicated divorce where you will be at a serious disadvantage without counsel.


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