Can the issuance of a prior restraining order be brought up as “evidence” in a custody case?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption