Question:
My ex recently berated me for attending my son’s soccer practice and told me that if I didn’t leave she would get a restraining order against me for infringing on her parenting time. (She has the kids 70 percent of the time.)
Can she prevent me from attending my son’s extra-curricular activities like that or get a restraining order against me just because I went to his practice?
Answer:
I do not practice law in your state. Therefore I cannot inform you as to the specific laws of your state and can only provide you with general tips on divorce and family law.
An Order of Protection or restraining order is generally only granted where there are threats or actions against the protected party(ies) which endanger their health or well-being.
Unless you have threatened her with physical injury or actually assaulted her in some way, it would be unlikely that a judge would issue a restraining order against you. Alleged emotional distress due to your physical presence alone is insufficient.
Of course, she can exaggerate or fabricate a story and get an emergency order without notice to you, but this would not be upheld on a more permanent basis. She cannot prevent you from attending the practices, and I would encourage you to start retaining all communication between you (via text or email) and also keep a journal of any further threats to you as well, if you are not already doing so.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.