A judge can occasionally be persuaded by one individual to issue a TRO. This implies that you won’t be allowed to see your children. What do you do? Get some clarification on the TRO’s purpose. The court doesn’t just randomly issue a TRO. TROs are ex parte orders. It means a judge can grant them without the benefit of a hearing. Someone must have persuaded the judge that an ex parte order is warranted. Somebody presented evidence that there was no other remedy under the law. Or, there is a risk of irreparable harm. The judge was convinced that a child was endangered. Your ex filed a temporary restraining order which prevents you from seeing your kids.
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Get as much information on what the TRO is about. You must follow the TRO unless a hearing rules otherwise. If it doesn’t involve the protection of children, the court will try to avoid granting a TRO. As soon as the TRO is issued, the court does not wish to reverse its own decisions. When a hearing is scheduled, you have the opportunity to present your own case to overturn the TRO. The allegations contained in the TRO must be refuted with evidence. Disputes can come from minor to big-league disagreements. You can be obstinate. You in turn can hold your ground. Doing your own thing in your parenting time is going well. Your ex-spouse is doing the same. One day you get a temporary restraining order. Now you’re wondering how it got to this. Your ex filed a temporary restraining order which prevents you from seeing your kids. What triggered this move from your ex-spouse? What were the grounds for getting the temporary restraining order? The court doesn’t issue restraining orders arbitrarily. There are grounds for it. You need to understand the nature of restraining orders. Understand the circumstances that can lead to a restraining order being issued. How do you get around it?
What is a temporary restraining order?
Temporary restraining orders are referred to as TROs. They are legal orders issued by the court. It provides immediate protection. Courts grant it in cases involving alleged threats, violence, or harm. It may have another name in the state in which you live. In Michigan, it’s called a personal protection order or PPO.
Temporary Restraining Orders and Parenting Time.
The restraining order is only ordering you to stay away from your ex-spouse. The order did not say to stay away from the children. Your children are most often accompanied by your ex-spouse. Your ex-spouse hanging around your children will keep you from approaching your children. The effect is the same. The restraining order is not sending you to jail. It does keep you away from your children. TROs can restrict parenting time arrangements. A TRO does not grant the petitioner sole custody. It does not alter parenting time. A TRO is a temporary measure intended to provide immediate protection. Obtaining a TRO in Michigan requires meeting certain legal criteria. People can abuse or misuse TROs for personal gain. Gain leverage in family law matters. You might find yourself facing a TRO. You believe it is unjust. It is based on false allegations. You have the right to challenge it.
Under what circumstances can one get a temporary restraining order?
A TRO may be sought in Michigan when there is a plausible risk of injury or danger. This can happen often in a contentious divorce. TRO by its name is temporary in nature. You can have it lifted or modified under certain circumstances. The following are typical justifications for requesting a TRO:
Domestic violence.
Violence committed in a close relationship is known as domestic violence. One partner establishes power over the other. To exert control, one spouse abuses the other physically or emotionally. The partner can also be sexually abusive. Anyone with compelling evidence can request a TRO. Prove abuse is happening or likely to happen.
Child Endangerment.
Child endangerment occurs when a child’s safety is at risk. Endangerment means putting a child’s physical or emotional health at risk. Endangerment can be neglect, physical abuse, or emotional abuse. It can also mean exposure to dangerous substances or environments. It can be any situation posing a threat to the child’s welfare. Witness accounts can be evidence. Medical records can also be evidence. Reports from Child Protective Services are evidence of the child’s risks. A TRO may be issued by the court, which will be considering the child’s best interests.
Harassment or stalking.
Harassment involves persistent unwanted behavior. So is stalking. They cause emotional distress and fear. They cultivate a reasonable belief of harm. It comes in the form of repeated phone calls, text messages, or emails. It is behaviors like following and monitoring the victim’s activities. A TRO can prevent further contact. Protect affected parties. Evidence such as documentation of messages is acceptable. Witnesses testifying to the behavior is evidence. Police reports can support the request for a TRO. The court can intervene. Ensure the victim’s and children’s safety.
Property damage or financial misconduct.
There are so many ways to cause damage to property. Vandalization can be a threat to property. An ex-spouse may resort to the destruction of shared assets. These are threats to property that can lead to financial ruin for a family. Financial misconduct can dissipate marital funds. It is a fraudulent activity. Request a TRO in these scenarios. Seek a TRO to preserve assets or prevent further harm. Evidence such as photographs of property damage or financial records are useful. Expert testimony can support the request for a TRO. The court aims to protect the affected party. It shields children from further property damage or financial harm.
These are situations that can trigger the filing of a restraining order. Reflect on them. Don’t put yourself in those situations. Don’t think of doing any of the above. Talk to your attorney. You can’t get away with it; you’re not smart enough. You’re not smart enough against the court. So don’t do them. There are serious costs and penalties to deal with if you do.
Can anyone just get a temporary restraining order in Michigan?
Are TROs easy to get in Michigan? People can’t waltz into courts to ask for them. The court assesses any request for TROs. Courts protect the rights and interests of all parties. The petitioning party for a TRO must meet specific criteria.
Reasonable Fear of Harm.
The petitioner must provide credible evidence. Show a reasonable belief of immediate danger. Prove they are facing harm from the respondent. Present evidence of domestic violence, threats, or stalking. It can be acts of harassment. Other acts that instill fear. The respondent is the person the order is against.
Ex Parte Petition in Emergency Situations.
There must be an immediate significant threat to the petitioner’s safety. This type of petition is filed ex parte. The court grants a TRO without prior notice to the respondent. The court schedules a hearing. Hearings provide an opportunity for both parties to present their arguments.
Burden of Proof.
The burden of proof for obtaining a TRO is a “preponderance of evidence.” This means that the petitioner must present enough evidence. Show it is more likely than not that the claimed harm or danger is real and credible. This burden of proof is less demanding than “beyond a reasonable doubt.” It still requires the petitioner to provide convincing evidence to support their case.
Judicial Discretion.
The judge grants the TRO. The judge can also reject the TRO. Petitioners can only move forward if it meet the conditions of the law. The judge takes into account the particular circumstances of each case. More than anything the judge places a high priority on the safety of the parties. More so if it involves children.
Obtaining a TRO in Michigan is not a simple process. The law requires the petitioner to provide credible evidence. Evidence must prove a reasonable fear of harm or harassment. Courts scrutinize each request. Consider the specific circumstances. You might be facing a TRO. You believe such TRO is unwarranted. Consult with an attorney. A capable attorney can assist you in challenging the order. Protect your rights.
What to do in the face of a TRO?
The best course of action is to be cool. Be calm. Face with a legal document like a TRO can be disorienting. Get your bearings first. Maintaining your composure will benefit your mental well-being. It will later strengthen your position when seeking to resolve the TRO. Take the most obvious next step. Read the TRO. Look at the terms and conditions of the TRO. Reflect on what may have triggered the filing of a TRO. Recollect if you have done any of those we mentioned here. You may have created circumstances triggering the TRO. Are the allegations in the TRO true? You may have to walk yourself true the circumstances. Think of the evidence you need to refute the allegations. Remember possible witnesses who can testify otherwise. A few smart moves to get you moving forward.
Read and understand the TRO.
As we said. Review the contents of the TRO. Understand the restrictions and conditions it is imposing on you. Pay close attention to specific terms. Check the ordered limitation on contact and communication. You need clarity to comply.
Follow the restrictions in the TRO.
Adhere to the provisions of the TRO. You won’t like them but you can argue that later. Your attorney can help you with that. Don’t pick a fight with the judicial system. Avoid any action that can send a message you are violating the TRO. What this means is don’t show up where you are not supposed to. Don’t call if you were ordered to do so. Don’t engage in behavior prohibited by the TRO.
Document your compliance.
You need proof of your compliance. Keep detailed records. This documentation can be useful later in the hearings.
Have a talk with your attorney.
You will need a specific response to the TRO. You have to prepare for the hearings. You can’t prepare without your attorney. An attorney can give personalized advice to get the TRO lifted. Your attorney can explain your obligations as well as your rights.
Avoid Public Discussion or Social Media Posts.
You can’t know what is dirty or clean laundry online. What is bad or good is a matter of perception. You don’t want your case compromised by social media. Don’t post case information on social media platforms. Sharing sensitive information can harm your position. It can affect your legal rights. Be discrete. Consult your attorney about this if you are into social media posting.
Abide by Child Custody and Visitation Orders.
Understand the effect a TRO will have on your custody and your visitation arrangements. Follow any specific instructions provided in the order. Consult your lawyer. Have your explain to you the effect of the TRO on parental rights. Explore avenues for changes in the arrangements.
Attention to detail can help you. A good lawyer can do even more. Once you have collected yourself. Organize your thoughts. Plot the action you need to take to gather evidence. Talk to your possible witnesses. Make an appointment with your attorney. A talk with our attorney will help you take the next step to lift the TRO.
How can you lift a temporary restraining order?
We mentioned the many ways you might get issued a TRO. It’s not amusing. It’s inconvenient in more ways than one. Whatever the reason, you need to deal with the TRO. Deal with it as fast as you can or you won’t be seeing much of your children. Talk to an attorney you work with to lift the TRO. You can read on to go about how to lift the TRO.
Gather evidence and supporting documentation.
Gather evidence to support your assertion that your circumstance has changed. Collect appropriate documents. Challenge the original grounds that got the TRO issued. Get help from your attorney. Your evidence can come in the following forms:
- Affidavits from witnesses who can testify to the changed circumstances. Refute the allegations made in the TRO.
- Documentation of completed counseling programs, anger management courses, or therapy sessions. They prove efforts towards personal growth and change.
- Records of successful completion of any court-ordered requirements. They can be parenting classes or substance abuse treatment programs.
Consult with your family law attorney.
Divorce has complexities. Navigating the legal process for lifting a TRO is one of them. Seek guidance in this so you can respond fast to the TRO. Your attorney can help you with the most efficient course of action. Your attorney knows what kinds of evidence matter. An attorney can represent your interest with more effectiveness than doing it yourself.
Attend the hearings.
This is a very literal request coming from your attorney. You can’t skip this obligation. You need to commit to attending every hearing that follows. The court schedules these hearings so that parties can present their case. Of course, your attorney is advocating for you. Presenting evidence and making legal arguments. These actions are done to lift the TRO.
Show changed circumstances and the best interests of the children.
Your lawyer can advocate for you. Your lawyer needs help in showing the court that there have been significant changes. Changes in circumstances since the TRO was issued. This may include:
- Completion of anger management or counseling programs. This is to address any issues that contributed to the TRO.
- Evidence of a stable and safe living environment. This shows your concern for the children’s best interests.
- Compliance with any court-ordered requirements or recommendations.
- Testimony from witnesses. Your witnesses can attest to your improved behavior. They can vouch for your commitment to the well-being of the children.
Consider mediation or alternative dispute resolution.
You may have issues with judicial processes. You may have difficulties understanding the dynamics in the courtroom. Maybe you need to do this another way. Like out of court way. The court may suggest mediation. They can recommend alternative dispute resolution. It is a way to resolve conflicts and address concerns. This can provide an opportunity for both parties to work together. You may want to work this out with your ex-spouse. Of course with the help of a neutral third party. You might find common ground and reach an agreeable solution. Mediation may offer a more cooperative and less adversarial approach. It’s another way of resolving issues related to the TRO.
Lifting a temporary restraining order in Michigan requires careful preparation, legal knowledge, and strong advocacy. If you believe that a change in circumstances warrants the modification or dissolution of a TRO, consult with an experienced family law attorney. They will guide you through the process, help gather supporting evidence, and present a compelling argument to the court. By following the proper legal procedures and demonstrating a commitment to the well-being of all parties involved, you can increase your chances of successfully lifting a temporary restraining order.
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