Is it important to provide evidence regarding a proposed parenting plan in a restraining order hearing?

By Laura Schantz
May 23, 2017
Is it important to provide evidence regarding a proposed parenting plan in a restraining order hearing?

Yes, that’s really important because sometimes if the attorney represents a party who they don’t think is going to prevail and that the restraining order is going to be kept in place, they still want to then make sure that the client is going to get parenting time with the children, because the restraining order will provide for custody and parenting time for the children and it will also provide for a way to have contact with the other parent just to arrange the parenting time. It could be a variety of different ways.

If your client is, let’s say, the father, and you think that the judge is probably going to side on the mother’s side, that there was some sort of physical incident and the restraining order is going to be upheld, he still could be a great dad and have tons of time with the kids. You could provide evidence of that and you could have witnesses come to testify not about the restraining order, but just about his parenting and what kind of dad he is and how involved he is. You may be able to at least prevail for him on getting him a lot more parenting time than maybe is in the original restraining order.


Laura Schantz is a family law attorney and mediator practicing in Beaverton, Oregon. To learn more about Laura Schantz and her firm, Schantz Law P.C., visit www.oregondivorceattorney.com.

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May 23, 2017
Categories:  FAQs

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