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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default Petition for a Protective Order Filed to Get an Advantage in a Divorce Case

    My question involves restraining orders in the State of: California.
    My wife filed a TRO alleging abuse in all factors, sexual,mental, physical, verbal in the beginning of Sept . The judge during our 1st court date, end of Sept, guided this toward a dissolving marriage issue. So he postponed the TRO hearing 2 months out and ordered FCS mediation. He Asked my wife of she intended to file divorce and granted 12hr per week supervised visits for me with the kids all upon her word. Prior to all of this I was the primary caregiver of the children for the last year and a half. As well as the person paying all the bills. I'm a recently retired veteran honorably discharged. On a fixed income. Never had any police involvement. Dv cases, cps reports, etc. The abuse charges are vague and more importantly false. Now she has served the divorce papers to me. Can I get the tro vacated? And recently she had been violating the tro by knowingly coming into places or close to me. In which i walked away from. But she still claiming fear of me. I know this was all to get a upper hand on custody and all of her allegations are false. I'm trying to start a new career but that had been put on hold due to me being homeless and making just enough money to not receive resource help. What can I do? I need the TRO gone. And have very little resources to get a lawyer. I can pay just don't have the retainer. Help please....

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Wife Using Tro to Gain Upper Hand on Divorce

    Now she has served the divorce papers to me. Can I get the tro vacated?
    why would you want it vacated? She filed for divorce. You really need to stay away from her regardless of the RO.


    And recently she had been violating the tro by knowingly coming into places or close to me.
    is it a unilateral or bilateral RO? If unilateral, she has not violated anything. If a bilateral, then report her violations.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,522

    Default Re: Wife Using Tro to Gain Upper Hand on Divorce

    A two-way TRO is ... well, I have never seen one. I've heard of them, but these would be two separate orders. So, I suspect that the wife is not violating anything. But, if she is going places she knows you to be at, it certainly can go to show that she is not afraid of you.

    Have you had the hearing on the TRO, yet?
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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