My ex-wife filed an ex parte against me as a strategic move to try and get me to pay more child support in exchange for her dropping the motion.
I am still allowed to exercise parenting time, but I cannot come within 100 feet of my ex-wife.
However, when she brings the kids to my house for the custody exchange she obviously is within 100 feet.
Am I in violation of the order if she is the one who comes to my residence?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
Based on the limited facts that you have provided me and without a copy of the order of protection, it is difficult for me to provide you with a definitive answer.
However, your ex-wife is not in violation of the order, as the order likely dictates for you to remain 100 feet away from her, not for her to stay away from you.
While it is certainly unfair for your ex-wife to attempt to bait you into violating the order, should she do this again your best course of action is likely to remain in the house and not engage her.
Further, should your ex-wife attempt to come to your residence again, it is within your right to call the police and let them know what’s going on so as to avoid any possible violation of the order.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.
3 comments on “Ex Trying To Get Me To Violate Restraining Order”
I am handling mine the same way as ABC123. No eye contact no engaging nothing. This type of woman thrives on having control over you. I just finally filed the divorce myself from a women that did this to me 5 months ago. I waited too long. She answers the phone when I have my scheduled calls with my kids even though they are more than old enough to answer themselves. My last visit with them, she showed up where I was having lunch with the kids and sat two tables away. She had the restraining order itself served in front of the kids, but without her home. Only a vile and disgusting person or someone with serious mental illness does something like this. At this point I don’t even care which it is. I just mourn for my children who have to share a roof with her.
My ex filed a ex parte against me and the day I was served with it I contacted my lawyer and he told me to contact the courts and keep record of it. Because in your order it says you break its its a big fine and jail time but she also cant tempt you to be in contact so she must follow the rules also. Once she breaks the boundaries its actually a free game then because she got it so she would never have to see you or hear from you again and if she is in contact with you in anyway she can also be fined and jailed. Or just file one against her too
When my wife drops off my children for their visits, she tries to engage me, make eye contact with me, tries to talk to me, tells me about kids doc visits, etc even though she filed a TRO against me. I ignore her everytime. I *never* even look at her or make eye contact with her. I also MAKE DETAILED NOTES every time she does this. I hope to make the “If she’s so afraid of me, then why does she try so hard to get my attention?” argument when this goes to trial.
Also, the restraining order is not against her, but you. She is not in violation of anything.