Q: Can i get file restraining order for my child father if he is emotional abuse and does things like being disrespectful?
he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .
A: Unfortunately, the restraining order and the custody case are 2 separate cases and focus on 2 issues. In order to be successful in gaining a restraining order, you will need to show the court that there has be physical harm or serious threats of physical harm to you and/or your child and there is a concern for your future safety. The court will likely grant joint legal custody and a visitation order unless you show the court it is not in the child's best interest. The court may order parenting classes to assist with the communication between you and the father, however. I hope this helps.
A: If you were served with what sounds like an action to legitimize, you should hire an attorney to represent you. If there is a family violence issue, your attorney can make the court aware of that in your Answer. That may also come into play with the visitation the father is requesting from the court. The restraining order is another case and will be held in a different court. And the burden of proof will be on you in order to get a temporary restraining order against the father. I would seek out an attorney and provide them details about both cases. And in the immediacy, you need to respond to the legitimation and make the court aware of what you agree with and disagree with in his petition.
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