Legal Question in Family Law in New Hampshire

Hello,

Me and my gf have a daughter together, a year ago we were not living together and had a parenting plan put together. The plan states we have 50/50 custody. Six months ago we moved in together, our daughter and her other two childred. We both signed the lease.

This evening she was arrested for domestic violence, assaulted me, bloody lip, choke marks etc. The police came back to the house with a emergency restraining order that she had taken out on me. They told me my daughter had to stay at the house and I needed to leave even though I was the one assaulted and she was the one arrested.

Someone please help, I am so confused and dont know what to do.


Asked on 6/14/11, 6:16 pm

1 Answer from Attorneys

Welcome to the restaining order puzzle. Courts in Massachusetts (based on your zip code) generally award them to whoever applies and says "I am in fear" and leaves someone else homeless and without being able to see their children. No investigation was done and, in all likelihood, the court did not inquire about the pending criminal charges against your accuser. Female accusers also gets the benefit of a state paid "advocate" to represent them and stand with them during the hearing in order to remind the court hwose side they are on. The "advocates" do not do any independent investigation and side immediately with the person asking for a restraining order regardless of the reason why or whether the person requesting the RO is facing criminal charges. You probably have a "return date" coming up where the judge will decide whether to extend the restraining order for a year. I recommend you retain counsel to represent you. Your rights are at stake and the one or two minutes you get in front of the court can affect whetehr you ever get to see your child grow up.

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Answered on 6/15/11, 7:59 am


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