How does one go about modifying a restraining order? 7 Answers as of September 06, 2013

My wife put a restraining order on me and moved all out the next day with my kid and took her out of state. I have no contact with her and my daughter has not been to school. What can I do now to get her back to my state?

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
You need to immediately consult with an experienced family law attorney in your area. In Arizona, if she moved out of state, you should immediately file a petition for parenting time and legal decision making. Do not wait, as there is a time element for a court to exercise jurisdiction.
Answer Applies to: Arizona
Replied: 9/6/2013
John Russo | John Russo
You don't just get a R/O without cause, so you had to have done something, also the R/O include the child or is it just for your wife? You need to file for divorce and ask that she return to the jurisdiction with the child.
Answer Applies to: Rhode Island
Replied: 9/5/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
First you would need to request a hearing on the order of protection in order to attempt to have it set aside or at least to have your child removed from it. Then to obtain custody of your child, you would need to petition for divorce and file a petition for temporary orders, arguing that Arizona is your child's home state and that she should be returned.
Answer Applies to: Arizona
Replied: 9/5/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You should probably hire an attorney to start a custody action. Of course, if the restraining order is justified, that will be difficult.
Answer Applies to: Idaho
Replied: 9/4/2013
Catchick Law, PC
Catchick Law, PC | Matt Catchick
A key element in your situation is: how long ago did the mom and child move out? You likely need to file an action under something known as the "UCCJEA" (which stands for: "Uniform Child Custody and Jurisdiction Enforcement Act"), in the Michigan county where you all used to live as a family. Time is definitely of the essence in your case, so please don't delay.
Answer Applies to: Michigan
Replied: 9/4/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    You need a lawyer, badly. You may not want to pay a lawyer to help you with this, but I can assure you that without a lawyer you will be spinning your wheels and encountering brick walls almost everywhere you turn. Not many lawyers will admit this, but courts deal harshly and often unfairly with parents who have restraining orders or protective orders issued against them. You can fight this restraining order, but if you do so without an attorney's assistance your odds of success are slim. Talk to a lawyer. Find a good lawyer to help you, and resign yourself to the fact that you're going to have to spend some money to fix this problem.
    Answer Applies to: Utah
    Replied: 9/4/2013
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In South Carolina, your wife can most likely do whatever she likes (in accord with the terms of the restraining order). However, if she moved out of state with your child without an Order giving her the right to do so, then although she has not violated a Court Order, it is likely that you could at least force her to come back to South Carolina through the Family Court and a custody / visitation action against her to enforce your rights to spend time with your child. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
    Answer Applies to: South Carolina
    Replied: 9/4/2013
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