whats a restraining order all about?

[shari36]

What is the name of your state? Oregon

can someone tell me if a restraining order against one parent means that parent cant see there children either? This question is not about me, My case is over and going ok.. I hate to bring something so similar up again on here,bbbut I have an old friend who just spent 8 days in the county jail for some type of domestic dispute with her husband. this is a very small town we live in and everybody here knows who the abuser is. He pressed charges and off to jail she went.. The problem goes somewhat like this they have four children, The two teens are his from previous relationship. They have two young boys together. Father has sole custody of teen daughters with their mother having no vistation. so my friend is the main caretaker of all four kids. I have to say she is a very good mother and has never been in trouble with the law before all this.
They had a fight one night after drinking a few beers. this happened in their garage. He knocked her to the ground and went in and had his daughter get some water to pour over her, when she came to she tried to get up he wouldnt let her so she reached for a broom that was lying thier and hit him with it.. It broke the skin on his forehead... He called the police and they hauled her away. Now I know its never tolerated to have any disputes in front of children so is she going to lose her two young children because of this? I know and she knows she was wrong. She was trying to defend herself and he new this would happen. Im thinking that is why he got his daughter involved the way he did.. Court is set for this tuesday for the children part of this.. No attorney for this part only for the criminal charges..she will be defending her self...What in the world can she bring in besides all who know what a great mother and person she is?
Shari

 

[Shay-Pari'e]

Look at the order and see who it pertains to. If the kids are not a protected party, then he is not restrained from them.

 

[tigger22472]

The problem with restraining orders is they generally read that it's against the person and all in their household which would pertain to children.... HOWEVER, judges don't like that! They try to make sure that the parent still sees the kids unless there is reason not to.

 

[LdiJ]

She shouldn't represent herself in the criminal matter. If she can't afford an attorney she should ask for a public defender.

It sounds to me like dad "set her up" almost.

 

[shari36]

re

The restraining order is against her, she is the one that went to jail.. She has a court appointed attorney for the criminal matter. She is defending herself on Tuesday court hearing. I believe on Tuesday hearing its about who will get the kids.. She hasnt not been able to see her kids for over 8 days. She has never been away from the two younger boys and is at a loss without them... I do not understand why they would have a hearing on child custody before she would have a chance to prove self defense at criminal hearing first?
What a mess, I will be in court with her as a character wittness
Shari

 

[casa]

The restraining order is against her, she is the one that went to jail.. She has a court appointed attorney for the criminal matter. She is defending herself on Tuesday court hearing. I believe on Tuesday hearing its about who will get the kids.. She hasnt not been able to see her kids for over 8 days. She has never been away from the two younger boys and is at a loss without them... I do not understand why they would have a hearing on child custody before she would have a chance to prove self defense at criminal hearing first?
What a mess, I will be in court with her as a character wittness
Shari

They often designate a public meeting place for pick up and drop off of the child(ren).

Your friend should tell the judge, when he asks, the Truth of what happened.

The court may, or either she or her spouse may, ask the courts to appoint a GAL for the children. This is an expensive option- but she can ask if they'd allow payments. she needs someone to interview relevant people and the children, see how the children live- and be able to let the court know what they think is best for the children.

 

[tigger22472]

I have seen many situations where an emergency hearing for at the very least temp. custody and modification of visitation before a criminal trial. Depending on her crime will depend on whether that restraining order comes into play on the children or not. If they are going to court on Tuesday to address this there is little that she can do or that will likely be done to dad.