This is the next post in my series on measures a Las Vegas father can take if the mother of his child has falsely filed for a temporary protective order against him. My last post provided an overview of topics I will be discussing over my next several articles. In this post I will explain why it is imperative for a father to adhere to the restrictions in a TPO, even if he believes the allegations against him are meritless. I cannot stress enough the fact that you should contact a family law attorney immediately if you have been served with a restraining order.
The first thing a dad must understand is that Judges understand that not all TPO’s are filed in good faith. It is not unusual for one parent to file a TPO application in order to attempt to gain leverage in a contentious custody battle or to punish an ex for some other reason. With that said, Judges will often grant the initial TPO on the basis of allegations. The reason being is that a TPO is temporary – the requesting parent will need to show meaningful evidence to have the order extended for any length of time. A hearing will generally be set within thirty days of the initial order to determine whether that order should be extended. Judges often grant the initial order as it is better to be abundantly cautious than potentially fail to protect a person who is in danger. Again, extending the temporary order is a different matter.
So it is entirely possible that a father can be served with a TPO due to a false allegation. With that said, abiding by the order is required. A TPO is an order from the Court and to violate the order or to not take it seriously is breaking the law. Even if it is later found that later that there was no evidence to justify a restraining order, a father can still be charged with a crime should he violate a TPO. Furthermore, the breaking of a TPO can be used as further ammunition to obtain a more permanent restraining order. Should a dad violate the TPO then the mother could also use this as ammunition in a custody or visitation battle.
If you are a Las Vegas father and have been served with a TPO then it is highly important to have no contact with the child’s mother. You may not call, text, email her, have a third party make contact with her, or meet her in any capacity. If you are unsure of what a TPO means with regards to custody issues and co-parenting then you should contact an attorney immediately. If the child’s mother attempts to contact you then it is important that you ignore the call and that you immediately inform your lawyer. Until the TPO is lifted, a father must abide by the restrictions, regardless of whether the allegations made are true or not.
In my next article I will provide more information about how one’s attorney can quash a TPO which was requested under false pretenses. If you have been served with a TPO based on false allegations, it is important to contact a family law attorney immediately. Call now for a consultation.