Ex Wife Trying to Put a Restraining Order on Me and I Did Nothing Wrong

[Ritlord]

My question involves restraining orders in the State of: Texas my ex wife is trying to put a restraining order on me and I have not done anything wrong. Her and her boyfriend tried to set me up yesterday and get me arrested and the boyfriend is a cop in the same small town. So I'm abit scared that I will not get to see my kids. She make all these things up about me and telling them I do drugs witch I don't and never been arrested please help anyone I need some advice. Thanks for reading and responding

[Dogmatique]

What is it you want to do, Dad?

If she files something against you, you can either defend yourself in court or hire an attorney to do so. She will have to prove her case.

Is this a new boyfriend? How long have you been divorced?

[Ritlord]

March 2, 2011 was devorice date an she has been with this boyfriend for about 7 months and she moved her in the kids in with them. I'm want to know if she could do it and keep my kids for me?

[Dogmatique]

Sure, she can try. If the RO is granted, whether or not you can see the kids will depend on whether they're included in the order or not.

Generally though, even if there's a RO between Mom & Dad, there are usually provisions allowing for visitation/pick-up and drop-off.

[Ritlord]

But on what bases could because there is none

[Dogmatique]

Have you actually been served with anything?

You're in Arkansas, yes? Mom is in Texas?

What were the circumstances surrounding your arrest?

[Ritlord]

I wasn't arrested and nothing filed but she is filing them this week. Yes she lives in TX and I'm in Arkansas

[Dogmatique]

And how do you know all of this?

Is she calling you and telling you this?

What do YOU think happened that would cause her to do something? Was there an altercation?

[Ritlord]

My father told me when he picked them up I also got alot of text messages of her cussing me out for months but some went both ways but more from her less from me and was along while ago her was just two days ago

[Dogmatique]

Okay, I got your PM - I think you should post it here, too

Basically, if you're served with a restraining order it will be temporary - you might have to make arrangements to have the kids picked up/dropped off by someone else, but if the RO includes the children you won't be able to see them.

Then you'll have a hearing where the judge will decide whether the RO should remain in place.

You can absolutely fight this, specially if the TRO (that's the temp restraining order) actually does name the children.