Appearing in Court When the Other Party Has a Restraining Order Against You

[bhmjones]

My question involves restraining orders in the State of: Alabama

I need to know if it is a violation of a restraining order, filed under one case number, to appear, in my custody hearing under another case number, at the same time as the plaintiff in the restraining order case?

[Dogmatique]

That would generally not count as a violation. You're both due in court? You both best turn up.

[bhmjones]

Yes. I am the one who filed for custody, and since my wife doesn't want me to bring our disabled child to court, she lied and filed for the restraining order and absconded with our children. I just don't want her to be able to get me thrown in jail by showing up at the court on a different case at the same time as her.

[Dogmatique]

Why would you want the child in court?

[bhmjones]

because my wife doesn't want the judge to see how disabled my child is because she is claiming that he is stable enough to be in school... half his doctors tentatively agree with her, and half agree with me, that he is not well enough for school right now....

[Dogmatique]

Honestly? Don't put your child through that. If your child is disabled, you'll have proof from doctors, correct? You'd be able to have someone from his treatment team testify for you - correct?

Don't put your child on the stand - the Judge cannot determine how disabled he is or isn't. Bring your expert witnesses instead.

[bhmjones]

She most likely isn't going to bring my child, she doesn't want him there. And since she strategically got the restraining order so late in the game, now I do not have time to subpoena any experts.... the hearing is tomorrow. I'm just going to bring photos and hope they are enough.

[Dogmatique]

Photos aren't going to prove anything, really. And to be honest, she's doing the right thing - it's very rarely a good idea to put a child on the stand in a custody battle. It's not fair to the child at all.

You need at the very least, documentation. Can you request a continuance so you can get your stuff together?

What is your goal, incidentally?

[bhmjones]

he isn't able to be put on the stand.... I simply want the judge to see with his own eyes all the testimony I have already submitted via electronic filing.... my goal is to attain temporary custody so I can continue with my normal life that my wife is systematically dismantling along with her new lover who is jealous of me

[Dogmatique]

Ok. Can you back up a little?

When did you separate?

Who has been the primary caregiver (I don't mean financially)?