Temporary restraining orders (TROs) can do more than keep one party away from another. The court has the ability to make temporary custody and visitation orders, temporary support orders, residence exclusion orders, exclusive use and possession of property orders and attorney’s fees orders, if requested. The requesting party needs to know what can be requested based on his or her particular circumstances.
For the restrained party with children, a TRO carries the added consequence of creating a presumption that it is not in the child(ren)’s best interest for that parent to be awarded primary or joint custody. As this is a rebuttable presumption, it is extremely important for a restrained party to participate in the TRO litigation, whether to actively oppose the issuance of a permanent restraining order or to present his or her side of the story for the record.
The Law Offices of Kim Marie Staron can advise you as to your rights and options on these and other family law issues. Please call for a free half-hour telephone consultation or complete the Contact Us form below.