Contesting a Restraining Order

North Carolina Divorce Law Divorce and Separation Answers
1

If the order says that your brother is not allowed to talk to or see the kids (in addition to his wife), he should speak to an attorney immediately. It is possible that the order he receives contains another date, possibly within the next 10 days, when he must return to court and tell the judge his side of the story. He would want an attorney to help him with that, as the stakes are high.

If there is no return court date, your brother will need to begin a custody action in court. If he can not speak to his wife, then he can not negotiate with her, so the only option remaining is going to court. He should speak with a lawyer about how to begin a custody lawsuit and to determine how quickly he can get before a judge to start visitation with the boys.

Erik L. Mazzone
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My brother and his wife had a verbal agreement that he was going to move out and take the two younger kids(boys) with him and his wife would keep their daughter. He had a separation agreement drawn up but she never signed it which should have been our first clue that something was wrong. He had made plans to move out this past Friday. When he went to pick up the boys from school, he learned that his wife has gotten a restraining order against him which gives her custody of all the kids and he is not allowed to contact any of them. The reasons she listed in the order are lies. What are my brother’s options at this point.