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The issues that might prevent a parent from receiving shared legal custody are comparable to those that might prevent them from obtaining shared physical custody. Relocation. Mental health issues. Domestic violence. Ongoing drug or alcohol abuse. Child abuse, maltreatment, or neglect. Incarceration or jail time.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.
If a temporary or final protective order contradicts an existing custody order, the protective order usually takes precedence. You may need the court to modify your custody order to resolve the conflict.
You can file a motion for an immediate restraining order with the petition at the start of the case or at any time before the case is finalized. To get an immediate order, you must show a risk of irreparable harm. The court will either deny or grant the immediate order effective for up to 14 days.
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But if they get a restraining order for the child, they can usually ask for temporary custody at the same time. A later hearing could decide if the custody change should be permanent. If a temporary or final protective order contradicts an existing custody order, the protective order usually takes precedence.
Civil Harassment Restraining Orders These specific restraining orders are typically the most common restraining orders filed, and they are applicable when there is no intimate relationship between the parties involved.

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